446.003
Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters
195, 196, 197, 215 and 227. As used in ORS 446.003 to 446.200 and 446.225 to
446.285, and for the purposes of ORS chapters 195, 196, 197, 215 and 227, the
following definitions apply, unless the context requires otherwise, or unless
administration and enforcement by the State of Oregon under the existing or
revised National Manufactured Housing Construction and Safety Standards Act
would be adversely affected, and except as provided in ORS 446.265:

(1)
“Accessory building or structure” means any portable, demountable or permanent
structure established for use of the occupant of the manufactured structure and
as further defined by rule by the Director of the Department of Consumer and
Business Services.

(2)(a)
“Alteration” means any change, addition, repair, conversion, replacement,
modification or removal of any equipment or installation that may affect the
operation, construction or occupancy of a manufactured structure.

(b)
“Alteration” does not include:

(A)
Minor repairs with approved component parts;

(B)
Conversion of listed fuel-burning appliances in accordance with the terms of
their listing;

(C)
Adjustment and maintenance of equipment; or

(D)
Replacement of equipment or accessories in kind.

(3)
“Approved” means approved, licensed or certified by the Department of Consumer
and Business Services or its designee.

(4)
“Board” means the Residential and Manufactured Structures Board.

(5)
“Cabana” means a stationary, lightweight structure that may be prefabricated,
or demountable, with two or more walls, used adjacent to and in conjunction
with a manufactured structure to provide additional living space.

(6)
“Certification” means an evaluation process by which the department verifies a
manufacturer’s ability to produce manufactured structures to the department
rules and to the department approved quality control manual.

(7)
“Conversion” or “to convert” means the process of changing a manufactured
structure in whole or in part from one type of vehicle or structure to another.

(8)
“Dealer” means any person engaged in the business of selling, leasing or
distributing manufactured structures or equipment, or both, primarily to
persons who in good faith purchase or lease manufactured structures or
equipment, or both, for purposes other than resale.

(9)
“Department” means the Department of Consumer and Business Services.

(10)
“Director” means the Director of the Department of Consumer and Business
Services.

(11)
“Distributor” means any person engaged in selling and distributing manufactured
structures or equipment for resale.

(13)
“Federal manufactured housing construction and safety standard” means a
standard for construction, design and performance of a manufactured dwelling
promulgated by the Secretary of Housing and Urban Development pursuant to the
federal National Manufactured Housing Construction and Safety Standards Act of
1974 (Public Law 93-383).

(14)
“Fire Marshal” means the State Fire Marshal.

(15)
“Imminent safety hazard” means an imminent and unreasonable risk of death or
severe personal injury.

(16)
“Insignia of compliance” means:

(a)
For a manufactured dwelling built to HUD standards for such dwellings, the HUD
label; or

(b)
For all other manufactured structures, the insignia issued by this state
indicating compliance with state law.

(17)
“Inspecting authority” or “inspector” means the Director of the Department of
Consumer and Business Services or representatives as appointed or authorized to
administer and enforce provisions of ORS 446.111, 446.160, 446.176, 446.225 to
446.285, 446.310 to 446.350, 446.990 and this section.

(18)
“Installation” in relation to:

(a)
Construction means the arrangements and methods of construction, fire and life
safety, electrical, plumbing and mechanical equipment and systems within a
manufactured structure.

(b)
Siting means the manufactured structure and cabana foundation support and
tiedown, the structural, fire and life safety, electrical, plumbing and
mechanical equipment and material connections and the installation of skirting
and temporary steps.

(19)
“Installer” means any individual licensed by the director to install, set up,
connect, hook up, block, tie down, secure, support, install temporary steps
for, install skirting for or make electrical, plumbing or mechanical
connections to manufactured dwellings or cabanas or who provides consultation
or supervision for any of these activities, except architects registered under
ORS 671.010 to 671.220 or engineers registered under ORS 672.002 to 672.325.

(20)
“Listed” means equipment or materials included in a list, published by an
organization concerned with product evaluation acceptable to the department
that maintains periodic inspection of production of listed equipment or
materials, and whose listing states either that the equipment or materials meets
appropriate standards or has been tested and found suitable in a specified
manner.

(21)
“Lot” means any space, area or tract of land, or portion of a manufactured
dwelling park, mobile home park or recreation park that is designated or used
for occupancy by one manufactured structure.

(b)
“Manufactured dwelling” does not include any building or structure constructed
to conform to the State of Oregon Structural Specialty Code or the Low-Rise
Residential Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and
455.610 to 455.630 or any unit identified as a recreational vehicle by the
manufacturer.

(23)
“Manufactured dwelling park” means any place where four or more manufactured
dwellings are located within 500 feet of one another on a lot, tract or parcel
of land under the same ownership, the primary purpose of which is to rent or
lease space or keep space for rent or lease to any person for a charge or fee
paid or to be paid for the rental or lease or use of facilities or to offer
space free in connection with securing the trade or patronage of such person. “Manufactured
dwelling park” does not include a lot or lots located within a subdivision being
rented or leased for occupancy by no more than one manufactured dwelling per
lot if the subdivision was approved by the local government unit having
jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.192.

(24)(a)
“Manufactured home,” except as provided in paragraph (b) of this subsection,
means a structure constructed for movement on the public highways that has
sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
in accordance with federal manufactured housing construction and safety
standards and regulations in effect at the time of construction.

(b)
For purposes of implementing any contract pertaining to manufactured homes
between the department and the federal government, “manufactured home” has the
meaning given the term in the contract.

(29)
“Mobile home” means a structure constructed for movement on the public highways
that has sleeping, cooking and plumbing facilities, that is intended for human
occupancy, that is being used for residential purposes and that was constructed
between January 1, 1962, and June 15, 1976, and met the construction
requirements of Oregon mobile home law in effect at the time of construction.

(30)
“Mobile home park” means any place where four or more manufactured structures
are located within 500 feet of one another on a lot, tract or parcel of land
under the same ownership, the primary purpose of which is to rent space or keep
space for rent to any person for a charge or fee paid or to be paid for the
rental or use of facilities or to offer space free in connection with securing
the trade or patronage of such person. “Mobile home park” does not include a
lot or lots located within a subdivision being rented or leased for occupancy
by no more than one manufactured dwelling per lot if the subdivision was
approved by the municipality unit having jurisdiction under an ordinance
adopted pursuant to ORS 92.010 to 92.192.

(31)
“Municipality” means a city, county or other unit of local government otherwise
authorized by law to enact codes.

(32)
“Recreational structure” means a campground structure with or without plumbing,
heating or cooking facilities intended to be used by any particular occupant on
a limited-time basis for recreational, seasonal, emergency or transitional
housing purposes and may include yurts, cabins, fabric structures or similar
structures as further defined, by rule, by the director.

(33)
“Recreational vehicle” means a vehicle with or without motive power, that is
designed for human occupancy and to be used temporarily for recreational,
seasonal or emergency purposes and as further defined, by rule, by the
director.

(34)
“Residential trailer” means a structure constructed for movement on the public
highways that has sleeping, cooking and plumbing facilities, that is intended
for human occupancy, that is being used for residential purposes and that was
constructed before January 1, 1962.

(35)
“Sale” means rent, lease, sale or exchange.

(36)
“Skirting” means a weather resistant material used to enclose the space below
the manufactured structure.

(37)
“Tiedown” means any device designed to anchor a manufactured structure securely
to the ground.

446.005
“Issuing authority” defined. As used in ORS 446.003 to 446.200,
446.225 to 446.285 and 446.425, unless the context requires otherwise, or
unless administration and enforcement by Oregon under the existing or revised
National Manufactured Housing Construction and Safety Standards Act would be
adversely affected, “issuing authority” means with respect to mobile home or
manufactured dwelling park plans review and construction, the Department of
Consumer and Business Services. [1975 c.793 §1b (enacted in lieu of 446.004);
1981 c.190 §7; 1983 c.707 §2; 1989 c.648 §2]

446.055
Four to six manufactured dwellings exempt from ORS 446.003 to 446.140. Four to six manufactured
dwellings may be sited on a lot or parcel or aggregation of lots or parcels
without meeting the requirements of ORS 446.003 to 446.140. However, four to
six manufactured dwellings shall be sited in conformance with the comprehensive
plan and land use regulations for other dwellings of similar capacity within
the zone in which the manufactured dwellings are sited. [1993 c.437 §2]

446.062
Rules regulating parks; state building code requirements; approval for new
construction or additional lots. (1)(a) The Director of the Department of
Consumer and Business Services shall issue rules under ORS chapter 183 to
regulate mobile home or manufactured dwelling parks. These rules shall conform
to ORS 446.090 to 446.140.

(b)
Any water system serving a mobile home or manufactured dwelling park is subject
to ORS 448.115 to 448.285 and the rules adopted pursuant thereto.

(2)
Mobile home or manufactured dwelling parks are subject to ORS 446.003, 446.055,
446.072 to 446.100, 446.140 and 446.271 and the state building code, as defined
in ORS 455.010, and the rules adopted thereunder by the director under ORS
chapter 183.

(3)
The Department of Consumer and Business Services shall review plans and inspect
construction of mobile home or manufactured dwelling parks to ensure compliance
with subsection (2) of this section. The director shall adopt rules under ORS
chapter 183 to provide a schedule for plan review fees and construction
inspection fees.

(4)
A person shall not construct a new mobile home or manufactured dwelling park or
add lots to an existing mobile home or manufactured dwelling park without
approval by the department.

446.066
Inspection of parks.
The Department of Consumer and Business Services may inspect every mobile home
or manufactured dwelling park in order to determine whether it conforms with
the provisions of ORS 446.003 to 446.200 and 446.225 to 446.285 and the rules
adopted pursuant thereto. Any person operating such facilities shall at all
reasonable times, upon request of the department, permit access to all parts of
the facilities. [1953 c.490 §14; 1969 c.533 §16; 1973 c.560 §7; 1975 c.793 §9;
1983 c.707 §4; 1989 c.648 §4]

446.076
Consumer and Business Services Fund; sources; uses. All moneys
received by the Department of Consumer and Business Services under ORS 446.003
to 446.200 and 446.225 to 446.285 shall be paid into the Consumer and Business
Services Fund created by ORS 705.145. The moneys received under this section
are continuously appropriated to the department for use as provided in ORS
446.423. [1953 c.490 §15; 1973 c.560 §8; 1975 c.793 §11; 1983 c.707 §6; 1987
c.414 §21b; 1989 c.648 §6; 1993 c.744 §49; 2001 c.710 §4]

446.080 [Repealed by 1953
c.490 §21]

446.082 [1953 c.490 §19;
1969 c.533 §17; repealed by 1973 c.560 §22]

446.090
Application of ORS 446.095 to 446.105. ORS 446.095 (3), 446.100 (1)(c) and
446.105 do not apply to a mobile home park that was constructed before August
5, 1959. However, any changes or additions made in any mobile home or
manufactured dwelling park after August 5, 1959, shall conform to ORS 446.095
to 446.105 and the rules issued thereunder. [1959 c.562 §3; 1967 c.247 §4; 1969
c.533 §18; 1975 c.793 §12; 1985 c.565 §72; 1989 c.648 §7; 1995 c.318 §4]

446.095
Park construction and facilities. The owner or operator of a mobile home or
manufactured dwelling park shall:

(1)
Construct well-drained and hard-surfaced park streets at least 20 feet in
width, unobstructed and open to traffic within the mobile home or manufactured
dwelling park. If the owner or operator permits parking of motor vehicles on
the park streets, the owner or operator shall construct the park streets at
least 30 feet in width.

(2)
Provide to each tenant an adequate supply of healthful water and adequate
electric power and sewerage facilities. All plumbing shall be installed in
compliance with ORS 447.010 to 447.156 and 447.992 and the rules of the
Department of Consumer and Business Services adopted thereunder.

(3)
Provide, except as specified in subsection (4) of this section, a separate
general play area restricted to that use, if the mobile home or manufactured
dwelling park accommodates children who are under 14 years of age. No separate
play area shall be less than 2,500 square feet in area. At least 100 square
feet of play area shall be provided for each manufactured dwelling occupied by
children.

(4)
Not be required to provide a separate play area if the mobile home or
manufactured dwelling park was in existence before March 13, 1989, and rented
spaces as an all adult park. [1959 c.562 §4; 1967 c.247 §5; 1969 c.491 §1; 1969
c.533 §19; 1973 c.560 §9; 1989 c.648 §8; 1991 c.226 §2; 1995 c.318 §2]

446.100
Prohibited acts in connection with construction and use of parks; rules for
spacing of units.
(1) A person may not:

(a)
Construct a mobile home or manufactured dwelling park at a place that is
unsuitable due to swampy terrain, lack of adequate drainage or proximity to the
breeding places of insects or rodents.

(b)
Install a manufactured dwelling closer than five feet from a property boundary
line.

(c)
Construct in a mobile home or manufactured dwelling park a manufactured
dwelling space less than 30 feet in width or less than 40 feet in length.

(2)
The Director of the Department of Consumer and Business Services shall adopt
rules pursuant to the rulemaking provisions of ORS chapter 183 specifying
minimum distances between adjacent manufactured dwellings and between
manufactured dwellings and other structures. In adopting these rules, the
director shall take into consideration the standards established by the
National Fire Protection Association and standards recommended by the State
Fire Marshal.

(3)
Except as provided in this subsection, the rules adopted by the director under
subsection (2) of this section must provide for at least 10 feet of space
between manufactured dwellings. The director may adopt a rule allowing less
than 10 feet of space between manufactured dwellings that are separated by a
one-hour fire-resistive wall. A standard established by the director for a
one-hour fire-resistive wall separating manufactured dwellings must be at least
as stringent as the equivalent standard, if any, for a fire-resistive wall in a
two family dwelling under the Low-Rise Residential Dwelling Code. [1959 c.562 §5;
1969 c.533 §20; 1981 c.506 §1; 1989 c.648 §9; 1991 c.226 §3; 2003 c.134 §1;
2005 c.22 §314]

446.105
Temporary parks.
(1) The Director of the Department of Consumer and Business Services may issue
a permit for the establishment of a temporary mobile home or manufactured
dwelling park to a construction company, timber company, government entity or
farm if:

(a)
There is no available space in a mobile home or manufactured dwelling park
within a reasonable distance; and

(b)
A mobile home or manufactured dwelling park is necessary for the proper housing
of employees until the project is finished.

(2)
Upon approval by the Department of Consumer and Business Services and the
county or city planning commission, a permit may be issued to a person to
establish a temporary mobile home or manufactured dwelling park on the person’s
own premises in areas having a critical housing shortage due to large
construction projects. The permit shall expire upon completion of the project. [1959
c.562 §6; 1967 c.247 §6; 1969 c.533 §21; 1973 c.560 §10; 1975 c.793 §13; 1989
c.648 §10; 1991 c.226 §4; 1993 c.744 §50; 1995 c.318 §3]

446.110 [Repealed by 1959
c.562 §16]

446.111
Regulation of structures in parks. No stationary structure may be erected
within a mobile home or manufactured dwelling park without the consent of the
owner or operator; and when giving consent, it shall be the duty of the mobile
home or manufactured dwelling park manager to advise the tenant or builder of
the standards required by ORS 446.003 to 446.200 and 446.225 to 446.285 and the
rules issued thereunder. [1961 c.665 §3; 1967 c.247 §7; 1969 c.533 §22; 1973
c.560 §11; 1975 c.546 §11; 1989 c.648 §11]

446.115
Sanitation of parks; pets to be controlled. (1) The owner or operator of a mobile
home or manufactured dwelling park is responsible for the sanitary condition of
the park grounds and buildings.

(2)
No person shall allow a pet animal of the person to run at large or to create
any health hazard within a mobile home or manufactured dwelling park. [1959
c.562 §§8,9; 1967 c.247 §8; 1969 c.533 §23; 1973 c.560 §12; 1989 c.648 §12]

446.120 [Repealed by 1959
c.562 §16]

446.125
Occupancy on private land. A person may occupy a manufactured dwelling or a
camping vehicle on private land with the consent of the owner of the land if:

(1)
The lot, tract or parcel of land upon which the manufactured dwelling or
camping vehicle is situated has an area adequate to provide safe, approved
water supply and sewage disposal facilities and is not in conflict with ORS
446.310 (9).

446.155
Sanitation and safety requirements; exceptions. (1) A person may
not sell or offer for sale within this state a manufactured dwelling
manufactured after January 1, 1962, that contains:

(a)
Plumbing equipment, unless such equipment meets the requirements of the
Department of Consumer and Business Services;

(b)
Heating equipment, unless such equipment meets the requirements of the State
Fire Marshal; or

(c)
Electrical equipment, unless such equipment meets the requirements of the
department.

(2)
A person may not rent, lease, sell or offer for rent, lease or sale within this
state a manufactured structure manufactured after September 1, 1969, unless the
manufactured structure bears an insignia of compliance and contains:

(a)
Plumbing, mechanical and electrical equipment or installations that meet the
minimum safety standards of the department;

(b)
Thermal, fire and life safety equipment, material and installations that meet
the minimum safety standards of the department; or

(c)
Structural and transportation equipment, materials, installations and
construction that meet the minimum safety standards of the department.

(3)
A person may not rent, lease, sell or offer for rent, lease or sale within this
state a recreational vehicle unless the recreational vehicle:

(a)
Bears an insignia of compliance;

(b)
Has previously been lawfully registered and titled within the United States;

(c)
Has previously been issued an ownership document under ORS 446.571 or recorded
under ORS 446.626; or

(d)
Is exempt from registration, title or ownership document requirements because
of United States government ownership.

(4)
Persons manufacturing, remanufacturing, converting, altering or repairing
manufactured structures or equipment within the state or for use within the
state shall comply with all applicable construction and safety rules of the
department and the following:

(a)
Alterations performed on a manufactured dwelling by the manufacturer or dealer
before or at the time of sale to the first consumer shall be performed in
conformance with the National Manufactured Housing Construction and Safety
Standards Act.

(b)
After the initial sale to a consumer by a manufacturer or dealer, all
alterations to a manufactured dwelling, except as identified by the Director of
the Department of Consumer and Business Services by rule, shall be in
conformance with the specialty codes as described in ORS 455.010 to 455.740 and
479.855.

(c)
Solid fuel burning appliances shall be in conformance with the National
Manufactured Housing Construction and Safety Standards Act and standards
adopted by the department.

(d)
Notwithstanding subsections (1) and (2) of this section, a previously owned
manufactured dwelling may be sold “as is” provided that the seller discloses in
the bill of sale that the manufactured dwelling is being sold on an “as is” or “with
all faults” basis, and that the entire risk as to the quality and performance
of the manufactured dwelling is with the buyer. If the manufactured dwelling is
found to be defective after purchase, the buyer shall assume the entire cost of
all servicing and repair. The seller, manufacturer, distributor or retailer is
not responsible for any cost for servicing and repair.

446.160
Inspection; rules; federal standards. (1) The Department of Consumer and
Business Services may cause such inspections to be made, approve plans and
specifications, provide technical services, issue insignia of compliance,
collect fees provided by ORS 446.176 and, in compliance with ORS chapter 183,
promulgate and enforce such rules and regulations as are reasonably necessary
to carry out its duties and insure compliance with those parts of ORS 446.003
to 446.200, 446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.440
within the jurisdiction of the department.

(2)
The Director of the Department of Consumer and Business Services shall adopt
rules pursuant to ORS chapter 183 to insure that manufacturers, distributors
and dealers comply with the reporting requirements of the Department of
Consumer and Business Services of this state and the Secretary of Housing and
Urban Development as required by the National Manufactured Housing Construction
and Safety Standards Act of 1974 (Public Law 93-383).

(3)
The director is authorized to conduct such inspections and investigations as
may be necessary to administer and enforce any federal manufactured dwelling
construction and safety standards adopted under ORS 446.155 or the National
Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law
93-383). The director shall furnish to the Secretary of Housing and Urban
Development or a designee any information obtained indicating noncompliance
with such standards for appropriate action.

(4)
The director or a designee is authorized to enter, at reasonable times and
without advance notice, any factory, warehouse or establishment in which a
manufactured structure or equipment is manufactured, stored or held for sale;
and to inspect at reasonable times within reasonable limits in a reasonable
manner, any such factory, warehouse or establishment, and to inspect such
products, books, papers, records and documents which are relevant to the
manufacture of a manufactured structure or equipment and the manufacturer’s,
distributor’s or dealer’s compliance with ORS 446.155 and the National
Manufactured Housing Construction and Safety Standards Act of 1974 (Public Law
93-383). [1961 c.567 §§3,4; 1969 c.295 §4; 1971 c.753 §44; 1975 c.546 §12; 1989
c.527 §3; 1989 c.648 §17; 1991 c.409 §2]

446.165 [1961 c.567 §5;
1969 c.295 §5; renumbered 446.200]

446.170
Insignia of compliance required; when displayed. (1) Manufactured
structures subject to the provisions of ORS 446.155 to 446.200, and
manufactured structures upon which additions, conversions or alterations of
installations of equipment or material are made shall have affixed to the manufactured
structures insignia of compliance.

(2)
A person may not place an insignia of compliance on a manufactured structure
except as provided by ORS 446.155 to 446.200 and the rules adopted under ORS
446.155 to 446.200.

(3)
Insignia of compliance may be issued in bulk only to manufacturers,
remanufacturers or converters certified and registered with the Department of
Consumer and Business Services.

(4)
Insignia of compliance are not transferable, and the department may not make a
refund representing any unused insignia.

446.176
Fees; rules.
(1) The Director of the Department of Consumer and Business Services, with the
approval of the Residential and Manufactured Structures Board, shall adopt regulations
under the provisions of ORS chapter 183 to provide a schedule for plan review
fees, insignia fees, inspection fees and other necessary fees based on the
estimated cost of administering ORS 446.003 to 446.200 and 446.225 to 446.285.

(2)
Fees collected by the department pursuant to this section shall be deposited in
the Consumer and Business Services Fund established by ORS 705.145. Moneys
deposited into the fund pursuant to this section are continuously appropriated
to the department for use as provided in ORS 446.423. [1975 c.546 §14 (enacted
in lieu of 446.175); 1993 c.744 §51; 1997 c.205 §2; 1999 c.518 §2; 2001 c.710 §5;
2009 c.567 §29]

446.180
Safety standards of other states or national organization; rules. (1) If the Director
of the Department of Consumer and Business Services determines that standards
for construction, equipment and material installed in manufactured structures
provided by the statutes or rules and regulations of other states are at least
equal to the minimum safety standards prescribed under ORS 446.155 to 446.200,
and that such statutes, rules and regulations are being enforced, the director
may provide by rule that manufactured structures approved by such other state
shall be considered approved by the director.

(2)
Mobile homes built between September 1, 1969, and June 15, 1976, to the
American National Standards Institute Mobile Home Standards A119.1 and which
also bear an insignia of compliance from the State of California, Idaho, Nevada
or Washington shall be considered to comply with ORS 446.155 (2) provided no
alterations have been made to the original structure. [1969 c.295 §9; 1971
c.753 §46; 1987 c.414 §22; 1989 c.527 §5; 1989 c.648 §18; 1991 c.226 §5; 1991
c.912 §1; 1993 c.744 §52]

446.185
Minimum safety standards for equipment, material and installations; rules. (1) In compliance
with ORS chapter 183, rules establishing minimum safety standards and
requirements shall be adopted and enforced by the Director of the Department of
Consumer and Business Services for manufactured structures and manufactured
structure installations as prescribed in ORS 446.155.

(2)
Minimum safety standards prescribed in ORS 446.155 to 446.200 shall be
reasonably consistent with nationally recognized standards for construction of
manufactured structures, and the manufactured structures shall be designed to
protect the health and safety of the people of this state from dangers inherent
in the use of substandard and unsafe equipment, material and installations. [1969
c.295 §8; 1971 c.753 §47; 1989 c.527 §6; 1991 c.409 §4; 1993 c.744 §53; 1995
c.251 §3]

446.190
Power to enjoin violations. When it appears to an inspecting authority that any
person is engaged or about to engage in an act or practice which is in
violation of ORS 446.155 to 446.200 or the rules and regulations issued
thereunder, the inspecting authority may, without bond, obtain an order from an
appropriate circuit court enjoining such act or practice. [1969 c.295 §10]

446.200
When noncompliance with city or county regulations authorized. (1) Any
manufactured structure that meets the requirements prescribed under ORS
446.003, 446.155 to 446.200 and 446.225 to 446.285:

(a)
Is not required to comply with any ordinances of a city or county prescribing
requirements for plumbing, heating, illuminating, mechanical, structural,
transportation, thermal, fire and life safety, cooking or electrical equipment and
material installed in manufactured structures.

(b)
Is required to comply with this chapter and the administrative rules adopted
thereunder regulating plumbing, heating, illuminating, mechanical, structural,
transportation, thermal, fire and life safety, cooking and electrical equipment
and material installed in manufactured structures.

(2)
A manufactured dwelling that is constructed in conformity with the minimum
safety standards provided by ORS 446.185 and which bears an insignia of
compliance is not required to comply with any additional regulations if it is
thereafter placed upon a permanent foundation and affixed to real property. [Formerly
446.165; 1989 c.648 §20; 1991 c.226 §6; 1995 c.251 §4]

446.210
Limited maintenance electrician’s license required. (1) The Director
of the Department of Consumer and Business Services shall issue a limited
maintenance electrician’s license to a person who:

(a)
Pays the applicable application fee required under ORS 479.840;

(b)
Complies with ORS 479.510 to 479.945 and the rules adopted under ORS 455.117
and 479.510 to 479.945;

(c)
Passes a written examination administered as provided by department rule on
basic electrical principles on repair and maintenance of electrical wiring and
equipment used in a manufactured structure; and

(d)
Submits proof as provided by department rule that the person has sufficient
experience in the repair and maintenance of electrical problems of the type and
nature found in a manufactured structure.

446.225
Administration and enforcement of federal manufactured housing safety and
construction standards; rules. (1) The Legislative Assembly intends to
provide a procedure to assure that Oregon assumes fullest responsibility for
administration and enforcement of federal manufactured housing safety and
construction standards in Oregon in accordance with the National Manufactured
Housing Construction and Safety Standards Act of 1974 (Public Law 93-383).

(2)
The Director of the Department of Consumer and Business Services is authorized
to apply for and receive grants from the Secretary of Housing and Urban
Development for implementation and development of a plan for enforcement and
administration of federal manufactured housing safety and construction
standards for manufactured housing offered for sale or lease in this state.

(3)
The director is authorized to adopt rules pursuant to ORS chapter 183 to insure
acceptance by the Secretary of Housing and Urban Development of Oregon’s plan
for administration and enforcement of federal manufactured housing safety and
construction standards in accordance with the National Manufactured Housing
Construction and Safety Standards Act of 1974 (Public Law 93-383). [1975 c.546 §2;
1989 c.648 §22]

446.230
Safety and construction standards for installation, support and tiedown; rules;
when installer license not required. (1) The Director of the Department of
Consumer and Business Services shall, by administrative rule, adopt and enforce
safety and construction standards for installation, support and tiedown of
manufactured dwellings on a lot. These safety standards shall be reasonably
consistent with nationally recognized standards for placement, support and
tiedown of manufactured dwellings, and shall be designed to protect the health
and safety of occupants of manufactured dwellings against uplift, sliding,
rotation and overturning of manufactured dwellings.

(2)
The director shall designate wind pressure zones in which the rules for tiedown
of manufactured dwellings shall apply.

(3)
Except as provided in ORS 446.395, an installer is not required to be licensed
by the director to connect utilities from utility terminations provided on a
lot to manufactured dwellings. [1975 c.546 §3; 1989 c.648 §23; 1991 c.226 §7;
1993 c.744 §55]

446.240
Safety standards for accessory structures; rules. The Director of
the Department of Consumer and Business Services shall adopt and enforce rules
establishing safety standards for construction and installation of accessory
buildings and structures. Prefabricated and site-built accessory buildings and
structures shall be consistent with the provisions of the state building code
adopted pursuant to ORS 455.020 and 455.110 except where application of such
standards would conflict with standards adopted under the National Manufactured
Housing Construction and Safety Standards Act of 1974 and would prevent the
Department of Consumer and Business Services from enforcing the federal Act in
Oregon. [1975 c.546 §4; 1989 c.648 §24]

(a)
Manufactured dwellings may be used for purposes other than as a single-family
dwelling when specifically approved for a change in occupancy in accordance
with the provisions of the Oregon specialty codes by the authority having
jurisdiction. When a manufactured dwelling changes in occupancy it shall lose
its identity as a manufactured dwelling and have the insignia removed and
returned to the Department of Consumer and Business Services.

(b)
Manufactured dwellings may be used by dealers or distributors of manufactured
structures as temporary sales offices when no alterations to the design,
construction, transportation, fire and life safety, plumbing, mechanical or
electrical systems are made to accommodate the office use and when the dealer
or distributor continues to offer the manufactured dwelling for sale during the
office use.

(c)
A portion of a manufactured dwelling may be used for an in-house business when
the remainder of the structure is used as a single-family dwelling by the same
person. The type and location of an in-home business shall be approved by the
authority having jurisdiction and the local planning commission prior to the
use. [1991 c.478 §2]

Note: 446.245 was added
to and made a part of 446.155 to 446.285 by legislative action but was not
added to any smaller series therein. See Preface to Oregon Revised Statutes for
further explanation.

446.250
Duties of director; agreements with local governments; conditions. The Director of
the Department of Consumer and Business Services shall cause inspections to be
made, approve plans and specifications, provide technical services and issue
permits for alteration of manufactured dwellings and installation of
manufactured dwellings and manufactured structure accessory buildings and
structures on a lot. The director shall appoint or contract with municipalities
that request such appointment or contract for inspection and issuance of
permits for alteration of manufactured dwellings and installation of
manufactured dwellings and manufactured structure accessory buildings and
structures and alterations of installations of plumbing, heating, illuminating,
cooking or electrical equipment, provided the municipality employs as local
inspectors qualified persons who have been certified by the director for
inspection and issuance of permits for alteration of manufactured dwellings and
installation of manufactured dwellings and manufactured structure accessory
buildings and structures, pursuant to ORS 446.003, 446.111, 446.155, 446.160,
446.176, 446.225 to 446.285 and 446.990. However, the certification standards
under this section shall relate to the inspections to be performed and shall
not be more stringent for municipal inspectors than those applying to state
inspectors. [1975 c.546 §5; 1983 c.250 §2; 1989 c.648 §25; 1989 c.1017 §4; 1991
c.409 §5; 1995 c.251 §5; 1997 c.205 §3]

446.252
Installation permit required. A person may not install a manufactured
dwelling or manufactured structure accessory building or structure without
first obtaining from the Department of Consumer and Business Services or a
municipality as provided under ORS 446.250 all permits necessary for installing
the manufactured dwelling or manufactured structure accessory building or
structure on a lot. [1989 c.1017 §2; 1995 c.251 §6; 1997 c.205 §4]

446.253
Authority of director; authority of local governments. (1) The authority
of the Director of the Department of Consumer and Business Services under ORS
446.250 shall be in addition to the provisions of ORS chapter 455. Where the
provisions of ORS 446.252 and this section conflict with the provisions under
ORS chapter 455, the provisions of ORS 446.252 and this section shall control.

(2)
Except as otherwise provided by this subsection, any municipality that
establishes a program under ORS 446.252 and 455.150 and this section to
administer and enforce installations of manufactured dwellings and manufactured
structure accessory buildings and structures shall assume full responsibility
for permit issuance and inspections under that program including related
electrical, plumbing, structural and mechanical installations for a
manufactured dwelling and manufactured structure accessory buildings and
structures as defined in ORS 446.003.

(3)
The director may by order relieve a municipality from compliance with the
requirements of subsection (2) of this section under the following conditions:

(a)
Budget limitations of the municipality;

(b)
Inadequate staffing of the municipality;

(c)
Inability to contract services with another municipality; or

(d)
Where the public is inconvenienced by increased cost, travel distance or time
loss.

(4)
The Department of Consumer and Business Services, subject to ORS chapter 183,
may revoke any authority of a local government to conduct inspections,
administration or enforcement of manufactured dwelling installations and
manufactured structure accessory building installations and manufactured
dwelling alterations under ORS 455.150 if the director determines that the
municipality is not effectively carrying out duties assumed by the
municipality. [1989 c.1017 §3; 1991 c.226 §17; 1991 c.409 §6; 1993 c.744 §56;
1995 c.251 §7; 1997 c.205 §5]

446.255
Revocation of agreement with local government. (1) After written
notice and hearing as provided in subsection (2) of this section, the Director
of the Department of Consumer and Business Services may revoke the
certification of a local inspector certified under ORS 446.250, or the
authority of a local government to enforce provisions of ORS 446.003, 446.111,
446.160, 446.176, 446.225 to 446.285 and 446.990, when it appears by competent
evidence that the inspector or local government has consistently failed to act
in the public interest in the enforcement of the provisions of ORS 446.003,
446.111, 446.160, 446.176, 446.225 to 446.285 and 446.990.

(2)
Any proceedings under subsection (1) of this section shall be conducted
pursuant to the provisions of ORS 183.415 to 183.430, 183.440 to 183.460,
183.470 to 183.485 and 183.490 to 183.540, dealing with contested cases. [1975
c.546 §5a]

446.260
Notification by manufacturer of manufactured home defect; other disclosures;
rules.
(1) Every manufacturer of manufactured homes offered for sale or lease in this
state shall furnish notification of any defect in any manufactured home
produced by the manufacturer that the manufacturer determines, in good faith,
relates to a federal manufactured housing construction or safety standard or
constitutes an imminent safety hazard to the purchaser of the manufactured
home, within a reasonable time after such manufacturer has discovered the defect.

(2)
The Director of the Department of Consumer and Business Services is authorized
to adopt rules for notification required by subsection (1) of this section. The
rules shall conform to notification and correction of defects and record
keeping requirements of the Secretary of Housing and Urban Development under
the National Manufactured Housing Construction and Safety Standards Act of 1974
(Public Law 93-383).

(3)(a)
In addition to the notification required under subsection (1) of this section,
the director may adopt rules to identify the disclosures required of a dealer
or distributor prior to the sale of new manufactured structures more than eight
feet six inches wide in travel mode. Disclosure required under this subsection
shall be limited to information regarding permissible uses, roof snow loads and
anchoring of manufactured structures.

(b)
The Department of Consumer and Business Services shall develop and make
available to all dealers and distributors of manufactured structures a standard
disclosure. The disclosure shall be completed in writing by the dealer or
distributor of any affected manufactured structure prior to sale. A completed
disclosure shall be presented to the purchaser for signature at the time of
sale and a copy of the signed disclosure provided to the purchaser. The signed
disclosure shall be retained by the dealer or distributor for not less than
five years following the date of sale. [1975 c.546 §6; 1989 c.648 §26; 1991
c.226 §8; 1997 c.205 §6; 1999 c.59 §124]

446.265
Transitional housing accommodations; regulation and limitations; definition. (1) A
municipality may approve the establishment of a campground inside an urban
growth boundary to be used for providing transitional housing accommodations.
The accommodations may consist of separate facilities, in the form of yurts,
for use as living units by one or more individuals or by families. The person
establishing the accommodations may provide access to water, toilet, shower,
laundry, cooking, telephone or other services either through separate or shared
facilities. The accommodations shall provide parking facilities and walkways.

(2)
Transitional housing accommodations described under subsection (1) of this
section shall be limited to persons who lack permanent shelter and cannot be
placed in other low income housing. A municipality may limit the maximum amount
of time that an individual or a family may use the accommodations.

(3)
Campgrounds providing transitional housing accommodations described under this
section may be operated by private persons or nonprofit organizations. The
shared facilities of the campgrounds are subject to regulation under the
recreation park specialty code described under ORS 446.310 to 446.350. The
transitional housing accommodations are not subject to ORS chapter 90.

(4)
To the extent deemed relevant by the Department of Consumer and Business
Services, the construction and installation of yurts on campgrounds used for
providing transitional housing accommodations established under this section is
subject to the manufactured structures specialty code described in ORS 446.155.
Transitional housing accommodations not appurtenant to a yurt are subject to
regulation as provided under subsection (3) of this section.

(5)
Campgrounds established for providing transitional housing accommodations shall
not be allowed on more than two parcels in a municipality. In approving the use
of parcels for a campground, the municipality shall give preference to
locations that have access to grocery stores and public transit services.

(6)
As used in this section, “yurt” means a round, domed tent of canvas or other
weather resistant material, having a rigid framework, wooden floor, one or more
windows or skylights and that may have plumbing, electrical service or heat. [1999
c.758 §6]

446.271
Civil penalty for violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or
related rules.
The Department of Consumer and Business Services may impose a civil penalty for
a violation of ORS 446.003 to 446.200 or 446.225 to 446.285 or rules adopted or
orders issued for the administration or enforcement of those sections. The
department shall impose a civil penalty authorized by this section as provided
in ORS 455.895. [2001 c.411 §2]

446.285
Advisory board training and education programs. To assist the
Director of the Department of Consumer and Business Services in administration
and enforcement of the National Manufactured Housing Construction and Safety
Standards Act of 1974, and safety standards pursuant to ORS 446.003 to 446.200,
446.225 to 446.285, 446.310 to 446.350 and 446.395 to 446.420, the Residential
and Manufactured Structures Board may approve or conduct programs of training
and education that maintain and advance the professional skills and abilities
of persons engaged in manufacturing, delivery, installation, sale or service of
manufactured structures. [1987 c.604 §14; 1989 c.648 §29; 1991 c.67 §119; 1991
c.226 §11; 1993 c.744 §57; 2009 c.567 §31]

TOURIST
FACILITIES

446.310
Definitions for ORS 446.310 to 446.350. As used in ORS 446.310 to 446.350, unless
the context requires otherwise:

(1)
“Authority” means the Oregon Health Authority.

(2)
“Camping vehicle” means either a vacation trailer or a self-propelled vehicle
or structure equipped with wheels for highway use and that is intended for
human occupancy and is being used for vacation and recreational purposes, but
not for residential purposes, and is equipped with plumbing, sink or toilet.

(3)
“Construction” means work regulated by the state building code as defined in
ORS 455.010.

(4)
“Director” means the Director of the Oregon Health Authority.

(5)
“Health official” means a local public health administrator as defined in ORS
431.003.

(6)
“Hostel” means any establishment having beds rented or kept for rent on a daily
basis to travelers for a charge or fee paid or to be paid for rental or use of
facilities and that is operated, managed or maintained under the sponsorship of
a nonprofit organization that holds a valid exemption from federal income taxes
under the Internal Revenue Code of 1954 as amended.

(7)
“Organizational camp” includes any area designated by the person establishing,
operating, managing or maintaining the same for recreational use by groups or
organizations that include but are not limited to youth camps, scout camps,
summer camps, day camps, nature camps, survival camps, athletic camps, camps
that are operated and maintained under the guidance, supervision or auspices of
religious, public and private educational systems and community service
organizations.

(8)
“Picnic park” means any recreation park that is for day use only and provides
no recreation vehicle or overnight camping spaces.

(9)
“Recreation park” means any area designated by the person establishing,
operating, managing or maintaining the same for picnicking, overnight camping
or use of recreational vehicles by the general public or any segment of the
public. “Recreation park” includes but is not limited to areas open to use free
of charge or through payment of a tax or fee or by virtue of rental, lease,
license, membership, association or common ownership and further includes, but
is not limited to, those areas divided into two or more lots, parcels, units or
other interests for purposes of such use.

(12)
“Travelers’ accommodation” includes any establishment, which is not a hostel,
having rooms, apartments or sleeping facilities rented or kept for rent on a
daily or weekly basis to travelers or transients for a charge or fee paid or to
be paid for rental or use of facilities. [1969 c.533 §2; 1973 c.560 §13; 1981
c.749 §27; 1983 c.707 §8; 1985 c.809 §5; 1987 c.414 §23; 1997 c.259 §1; 2001
c.900 §194; 2005 c.22 §316; 2009 c.595 §812; 2015 c.736 §91]

446.315
Policy.
It is the public policy of this state to encourage construction of recreation
parks by public agencies and private industry to satisfy the demand for outdoor
recreation while establishing standards for recreationists and landowners so
that these parks are maintained in a safe and sanitary condition. [1969 c.533 §1]

446.317
Delegation of landlord duties; rules. (1) As used in this section:

(b)
“Tenant” means a person, or a public body as defined in ORS 174.109, that:

(A)
Is not under common ownership, management or control with the landlord;

(B)
Rents or leases all or part of a tourist facility from a landlord for the
purpose of operating an organizational camp, conference or other private
gathering on one or more days during the term of the rental or lease; and

(C)
For the term of the rental or lease enjoys exclusive occupancy of the rented or
leased part of the tourist facility.

(2)
The Oregon Health Authority shall adopt rules identifying duties under ORS
446.310 to 446.350 that a landlord may contractually delegate to a tenant for
the term of the rental or lease of a tourist facility. The authority may adopt
rules specifying the form and format to be used in a contract under which a
landlord delegates a duty to a tenant, including but not limited to the manner
of setting forth the delegated duty.

(3)
Notwithstanding ORS 446.320, if a contract delegates a duty identified in
authority rules adopted under subsection (2) of this section and the contract
form and format conforms with any specifications of the authority, the
authority may not deny, suspend or revoke the tourist facility license of the
landlord or issue the landlord a civil penalty under ORS 446.310 to 446.350,
and the landlord may not be charged with a misdemeanor under ORS 446.990, due
to:

(a)
A failure of the tenant to properly perform the delegated duty during the term
of the rental or lease of the tourist facility; or

(b)
A failure of the landlord to inform the tenant of any delegated or nondelegated
duty of the landlord or the tenant under ORS 446.310 to 446.350 or authority
rules.

(4)
Subsection (3) of this section does not apply if the failure of a tenant to
properly perform a delegated duty during the term of a rental or lease is due
to a tourist facility condition already existing at the beginning of the term
and constituting a nonconformance with ORS 446.310 to 446.350 or authority
rules. [2015 c.223 §2]

446.320
Tourist facility license required. (1) No person shall establish, operate,
manage or maintain a tourist facility, without a license from the Director of
the Oregon Health Authority.

(2)
Organizational camps operated under rental or leasehold agreements may be
licensed either to the landlord or to the tenant provided that the license
holder shall be responsible for compliance with ORS 446.310 to 446.350 and the
rules adopted thereunder. [1969 c.533 §3; 1973 c.560 §14; 1979 c.696 §4; 1979
c.789 §2a; 1983 c.707 §9; 2009 c.595 §813]

446.321
Fee for license; rules. (1) Every applicant for licensing of a tourist
facility as defined in ORS 446.310 and required by ORS 446.320 shall pay to the
Oregon Health Authority a fee established by the authority by rule. The fee may
not exceed $60, except that recreation parks shall pay an additional fee not to
exceed $2 for each space.

446.322
Issuance of license.
Upon receipt of a completed application on an Oregon Health Authority form,
required fee, and after representation by the applicant that the facility is in
compliance with the provisions of ORS 446.310 to 446.350, and the rules adopted
pursuant thereto, and the requirements of the Department of Consumer and
Business Services, the authority shall issue a license, unless there is reason
to believe noncompliance exists. [1983 c.707 §13; 1985 c.809 §1; 1987 c.414 §24;
1993 c.744 §58; 1995 c.79 §223; 2009 c.595 §815]

446.323
Failure to apply for or renew license; transferability of license; refunds. (1) Any person
failing to apply for licensing within 30 days after engaging in the recreation
park or travelers’ accommodation business is delinquent and shall pay a penalty
fee equal to the license fee plus the fee provided in ORS 446.321.

(2)
Any person, initially licensed under ORS 446.310 to 446.350 for engaging in the
recreation park or travelers’ accommodation business who has failed to renew a
license on or before the expiration date is delinquent. If delinquency extends
15 days past the expiration date, a penalty fee of 50 percent of the annual
license fee shall be added. The penalty fee shall be increased by 50 percent of
the license fee on the first day of each succeeding month of delinquency.

(3)
Licenses issued under ORS 446.310 to 446.350 shall not be transferable and no
refund representing any unused portion of any license shall be made. [1983
c.707 §14]

446.324
Denial, suspension or revocation of license; civil penalty; hearing. (1) If any
applicant for licensing or any person to whom a license has been issued fails
to comply with the provisions of ORS 446.310 to 446.350 or with the rules
adopted pursuant thereto, the Oregon Health Authority may deny issuance of,
suspend or revoke the license or assess a civil penalty.

(2)
Hearings on the denial, suspension or revocation of a license or on assessing a
civil penalty shall be conducted as a contested case in accordance with ORS
chapter 183. [1983 c.707 §15; 2009 c.595 §816]

446.325
Exemptions from license requirement. (1) Public entities, private persons or
nonprofit organizations described under ORS 446.265 (3), timber companies and
private utilities shall not establish or operate a recreation park without
complying with the rules of the Oregon Health Authority and securing the approval
of the Director of the Oregon Health Authority or designee but shall be exempt
from the licensing requirement of ORS 446.320. The director or designee may
delegate, to a health official having sufficient environmental health
specialists, the authority to approve such recreation parks.

(2)
ORS 446.310 to 446.350 do not apply to:

(a)
Any structure designed for and occupied as a single family residence in which
no more than two sleeping rooms are provided on a daily or weekly basis for the
use of no more than a total of six travelers or transients at any one time for
a charge or fee paid or to be paid for the rental or use of the facilities;

(b)
Any temporary camping sites used solely and incidentally in the course of
backpacking, hiking, horseback packing, canoeing, rafting or other expedition,
unless the expedition is part of an organizational camp program; or

446.330
Rules.
In accordance with ORS chapter 183, the Oregon Health Authority may adopt any
rules necessary for the administration of ORS 446.310 to 446.350 and 446.990,
including but not limited to rules, concerning the construction, operation and
use of tourist facilities that are necessary to protect the health and welfare
of persons using these facilities. The rules shall pertain but not be
restricted to water supply, final sewage disposal, surface drainage,
maintenance, insect and rodent control, garbage disposal, designation and
maintenance of camping space and the cleanliness of the premises. [1969 c.533 §5;
1973 c.560 §16; 1983 c.707 §16; 1985 c.809 §2; 2009 c.595 §818]

446.335
Inspection of parks and camps; right of access; notice of reopening seasonal
facility.
(1) The Director of the Oregon Health Authority or designee may inspect every
tourist facility to determine whether it conforms with ORS 446.310 to 446.350
and the rules adopted pursuant thereto. A person operating such facility shall
permit the director or designee access to all of the facility at any reasonable
time.

(2)
The operator of a seasonal facility which customarily is closed for 120 days or
more in any 12-month period shall notify the director in writing of the
intention to reopen at the beginning of a season. Notice shall be given at
least 30 days prior to the reopening. [1969 c.533 §6; 1973 c.560 §17; 1983
c.707 §17; 2009 c.595 §819]

446.340
Responsibility of owner or operator for sanitary conditions. (1) The owner or
operator of a recreation park or organizational camp is responsible for the
sanitary condition of the park grounds and buildings.

(2)
If sanitary facilities are not provided in a recreation park or organizational
camp for the safe disposal of sewage or other wastes from a camping vehicle, a
notice shall be posted in a conspicuous place stating that camping vehicles are
permitted overnight only if the vehicle’s waste holding tanks are used.

(1)
Use kitchen or toilet facilities in a camping vehicle being operated on a
highway or parked overnight at a place where sanitary facilities are not
provided unless the person makes provision whereby sewage and other waste
materials can be held in watertight and sanitary containers of a type approved
by the Oregon Health Authority.

(2)
Empty a container described in subsection (1) of this section except into a
public sewerage system, septic tank or cesspool of a type approved by the
authority. However, in isolated areas where space is not available in a
recreation park or organizational camp and such facilities are not available,
these containers may be emptied into the ground if all sewage and other waste
materials are buried at least one foot below the surface of the ground.

(3)
When using a recreation park or organizational camp, create an insanitary
condition or deposit putrescible or nonputrescible waste any place other than
in appropriate containers designated for such purposes. [1969 c.533 §8; 1973
c.560 §19; 2009 c.595 §821]

446.347
Civil penalties; notice. (1) In addition to any other penalty provided by law,
any person who violates any rule of the Oregon Health Authority relating to the
construction, operation or maintenance of a tourist facility or part thereof
may incur a civil penalty not to exceed $1,000 per violation.

(2)
No civil penalty prescribed under subsection (1) of this section shall be
imposed until the person incurring the penalty has received five days’ advance
notice in writing from the authority or unless the person incurring the penalty
shall otherwise have received actual notice of the violation not less than five
days prior to the violation for which a penalty is imposed. [1983 c.707 §25;
2009 c.595 §822]

446.348
Determining amount of penalty; rules; schedule; factors. (1) The Director
of the Oregon Health Authority shall adopt by rule a schedule or schedules
establishing the amount of civil penalty that may be imposed for a particular
violation.

(2)
The director may impose the penalty without hearing but only after the notice
required by ORS 446.347 (2). In imposing a penalty pursuant to the schedule or
schedules adopted pursuant to this section, the director shall consider the
following factors:

(a)
The past history of the person incurring a penalty in taking all feasible steps
or procedures necessary or appropriate to correct any violation.

(b)
Any prior violations of statutes, rules, orders and permits pertaining to the
water system.

(c)
The economic and financial conditions of the person incurring the penalty.

(3)
The penalty imposed under this section may be remitted or mitigated upon such
terms and conditions as the Oregon Health Authority considers proper and
consistent with the public health and safety. [1983 c.707 §26; 2009 c.595 §823]

446.349
Civil penalty.
(1) Any civil penalty under ORS 446.348 shall be imposed in the manner provided
in ORS 183.745.

(2)
Failure to remit civil penalty within 10 days after the order becomes final is
grounds for license revocation.

(3)
All amounts recovered under this section shall be paid into the State Treasury
and credited to the General Fund. [1983 c.707 §27; 1989 c.706 §14; 1991 c.734 §26]

446.350
Tourist Facility Account. The Tourist Facility Account is established in the
General Fund of the State Treasury. All moneys received under ORS 446.310 to
446.350 by the Director of the Oregon Health Authority shall be credited to the
Tourist Facility Account. All moneys in the account are appropriated
continuously to the Oregon Health Authority for the purpose of administering
and enforcing ORS 446.310 to 446.350. [1969 c.533 §9; 1973 c.560 §20; 1983
c.707 §19; 2009 c.595 §824]

446.375 [1981 c.190 §2;
repealed by 1983 c.707 §29]

MANUFACTURED
DWELLING SITE INFORMATION COLLECTION AND DISTRIBUTION

446.380
Functions of manufactured dwelling site information clearinghouse. (1) The Housing
and Community Services Department shall develop and administer or contract for
the management of a voluntary collection of information to be known as the
state’s manufactured dwelling site information clearinghouse. The
manufactured dwelling site information clearinghouse shall collect, coordinate
and prepare information for distribution in response to telephone or written
requests.

(b)
Be available to manufactured dwelling site residents, owners, managers and the
public; and

(c)
Concern the information described in ORS 446.385. [1989 c.482 §1]

Note: 446.380 to
446.390 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 446 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

446.385
Scope of information collected. The Housing and Community Services
Department may decide the scope of the information the manufactured dwelling
site information clearinghouse collects, coordinates and distributes. This
information may include, but is not limited to:

(1)
The name, address and telephone number of the owners, operators and managers of
all mobile home or manufactured dwelling parks in the state.

(2)
A list of spaces available to aid the public who wish to locate or relocate in
a mobile home or manufactured dwelling park in the state. [1989 c.482 §2]

(3)
Any other available federal, state, local or private funding source designed to
support the formation or operation of a manufactured dwelling site information
clearinghouse. [1989 c.482 §3]

Note: See note under
446.380.

446.392
Information concerning available manufactured dwelling park rental spaces. The Housing and
Community Services Department shall encourage manufactured dwelling park
landlords to inform the department of manufactured dwelling park spaces that
become available for rent and to provide the department with descriptions and
other relevant information regarding those spaces. The department shall take
reasonable means to make the descriptions of available manufactured dwelling
park rental spaces accessible by the public, including, but not limited to,
placing the information on an Internet website. The department shall make
reasonable efforts to increase public awareness of the department as a source
for information concerning available manufactured dwelling park rental spaces. [2005
c.826 §11]

Note: 446.392 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

LICENSING
OF INSTALLERS OF MANUFACTURED DWELLINGS OR CABANAS

446.395
License required; issuance; employment of nonlicensed installer prohibited. (1) Except as
provided by rule by the Director of the Department of Consumer and Business
Services, an individual must obtain an installer license under ORS 446.400 before
installing a manufactured dwelling or cabana.

(2)
An individual required by subsection (1) of this section to obtain a license
shall comply with ORS 446.003 to 446.240 and 446.395 to 446.420 and Department
of Consumer and Business Services rules adopted under ORS 446.003 to 446.240,
446.395 to 446.420 and 455.117.

(3)
Installer licenses may be issued only to individuals.

(4)
A person may not employ any individual to install a manufactured dwelling or
cabana unless the individual is licensed by the department to perform the work
and complies with ORS 446.003 to 446.240 and 446.395 to 446.420 and rules
adopted under ORS 446.003 to 446.240, 446.395 to 446.420 and 455.117.

446.400
Procedures for licensing; fees. (1) The Department of Consumer and
Business Services, subject to approval of the Residential and Manufactured
Structures Board, shall issue licenses as provided by department rules adopted
under ORS 455.117 to individuals to install manufactured dwellings and cabanas.
The board may adopt classifications of installers including, but not limited to,
temporary installer, limited installer and installer.

(2)
In determining the appropriate initial license and renewal fees for installers,
the Director of the Department of Consumer and Business Services, with the
approval of the board, shall ensure that the annual income to the department
from license and renewal fees established under this section does not exceed
one-third of the estimated total cost of administering and enforcing ORS
446.003 and 446.395 to 446.420.

(3)
Fees collected by the department pursuant to this section shall be deposited in
the Consumer and Business Services Fund established by ORS 705.145 and are
continuously appropriated to the department for use as provided in ORS 446.423.
[1989 c.683 §4; 1991 c.67 §120; 1991 c.226 §13; 1993 c.744 §60; 1995 c.251 §9;
2001 c.710 §6; 2005 c.758 §9; 2009 c.567 §32]

446.405
Complaint procedure; inspections; rules; fees; failure to obey order of
department.
(1) If a manufactured dwelling or cabana is not installed in accordance with
the rules adopted under ORS 446.003 and 446.395 to 446.420, the owner of the
manufactured dwelling or cabana, at the time of installation, may, within one
year of the completion date of such installation, file a written complaint with
the Department of Consumer and Business Services. The department shall provide
a copy of the complaint to the installer and shall also notify the dealer, if
any, that arranged for such installation and may then investigate the
complaint. If the department determines that the installation fails to comply
with licensure requirements as provided by ORS 446.003 and 446.395 to 446.420
or the installation rules adopted by the Director of the Department of Consumer
and Business Services, the department shall provide notice of such failure to
the installer and shall order the installer to bring the installation into
compliance.

(2)
The director shall establish, by rule, fees and a procedure for inspection of
manufactured dwellings and cabanas to carry out the provisions of this section.

(3)
If the installer fails to bring the installation into compliance as ordered,
the department may suspend or revoke the installer’s license as provided under
ORS 455.129.

(4)
If the installer fails to bring the installation into compliance, the
department shall order the dealer, if any, that arranged for such installation
to bring the installation into compliance with the provisions of ORS 446.003
and 446.395 to 446.420 and the rules adopted under ORS 446.003 and 446.395 to
446.420. The dealer is responsible to bring only those installation activities
into compliance that the dealer arranged. The dealer shall have 30 days from
the date of the order to bring the installation into compliance. If the dealer
fails to bring the installation into compliance within 30 days of the date of
the order, the dealer shall be subject to civil penalties as provided by ORS
446.416.

446.410
Use of fees.
Fees collected by the Department of Consumer and Business Services pursuant to
ORS 446.003 and 446.395 to 446.420 shall be deposited in the Consumer and
Business Services Fund established by ORS 705.145 and are continuously
appropriated to the department for use as provided in ORS 446.423. [1989 c.683 §6;
1993 c.744 §62; 2001 c.411 §15; 2001 c.710 §7a]

446.416
Civil penalty for violation of ORS 446.395 to 446.420 or related rules. The Department of
Consumer and Business Services may impose a civil penalty for a violation of
ORS 446.395 to 446.420 or rules adopted for the administration and enforcement
of those sections. The department shall impose a civil penalty authorized by
this section as provided in ORS 455.895. [2001 c.411 §4]

446.420
License required to maintain action. An installer may not file a lien, or
bring or maintain in any court of this state a suit or action, for compensation
for the performance of any work requiring a license under ORS 446.003, 446.395
to 446.420 and 455.230 or for the breach of any contract for installation work
which is subject to ORS 446.003, 446.395 to 446.420 and 455.230, unless the
installer was:

(1)
Licensed under ORS 446.003, 446.395 to 446.420 and 455.230 at the time the
installer bid or entered into the contract for performance of the work; and

(2)
Licensed continuously while performing the work for which compensation is
sought. [1989 c.683 §8]

ADMINISTRATION

446.423
Use of moneys.
Except as otherwise provided in ORS 455.220 (1), all moneys deposited to the
Consumer and Business Services Fund that are derived pursuant to ORS 446.003 to
446.200, 446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646,
446.661 to 446.756 and 455.220 (1) are continuously appropriated to the
Department of Consumer and Business Services for carrying out any of the
duties, functions and powers of the department under ORS 446.003 to 446.200,
446.210, 446.225 to 446.285, 446.395 to 446.420, 446.566 to 446.646 and 446.661
to 446.756, and rules adopted thereunder. [2001 c.710 §1; 2003 c.655 §74a; 2003
c.675 §7]

Note: 446.423 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

446.425
Delegation to county to administer certain sanitation laws; fees. (1) The Director
of the Oregon Health Authority shall delegate to any county board of
commissioners which requests any of the duties and functions of the director
under ORS 446.310, 446.320, 446.330 to 446.340, 446.345, 446.350 and 446.990 if
the director determines that the county is able to carry out the rules of the
Oregon Health Authority relating to fee collection, inspections, enforcement
and issuance and revocation of permits and licenses in compliance with
standards for enforcement by the counties and monitoring by the authority. The
authority shall review and monitor each county’s performance under this
subsection. In accordance with ORS chapter 183, the director may suspend or
rescind a delegation under this subsection. If it is determined that a county
is not carrying out such rules or the delegation is suspended, the unexpended
portion of the fees collected under subsection (2) of this section shall be
available to the authority for carrying out the duties and functions under this
section.

(2)
The county may determine the amount of, and retain, any fee for any function
undertaken pursuant to subsection (1) of this section. The amount of the fees
shall not exceed the costs of administering the inspection program. The county,
quarterly, shall remit 15 percent of an amount equal to the state licensing fee
or 15 percent of the county license fee whichever is less, to the authority for
consultation service and maintenance of the statewide program.

(3)
In any action, suit or proceeding arising out of county administration of
functions pursuant to subsection (1) of this section and involving the validity
of a rule adopted by the authority, the authority shall be made a party to the
action, suit or proceeding. [1973 c.560 §21a; 1975 c.790 §1; 1975 c.793 §14;
1983 c.250 §1; 1983 c.370 §3; 1983 c.707 §20; 2009 c.595 §825; 2015 c.736 §92]

446.430
Delegation to county or city to administer rules regulating parks; fees. (1) The
Department of Consumer and Business Services shall delegate to any county board
of commissioners or city governing body which requests any of the authority,
responsibilities and functions of the department under ORS 446.062 if the
department determines that the county or city is willing and able to carry out
the rules of the department relating to fee collection, plan review,
inspections, enforcement and issuance and revocation of permits in compliance
with standards for enforcement by the counties or cities and monitoring by the
department. Such standards shall be established by the department in
consultation with the appropriate county or city officials and in accordance
with ORS 446.062. The department shall review and monitor each county’s or city’s
performance under this subsection. In accordance with ORS chapter 183, the
department may suspend or rescind a delegation under this subsection. If it is
determined that a county or city is not carrying out such rules or the
delegation is suspended, the unexpended portion of the fees collected under subsection
(2) of this section shall be available to the department for carrying out the
authority, responsibility and functions under this section.

(2)
The county or city may determine the amount of, and retain, any fee for any
function undertaken pursuant to subsection (1) of this section. The amount of
the fees shall not exceed the costs of administering the inspection program.
The county or city, quarterly, shall remit 15 percent of the collected fees to
the department for monitoring county or city programs and for providing
informational material necessary to maintain a uniform state program.

(3)
The department shall be made a party to any action, suit or proceeding arising
out of county or city administration of functions pursuant to subsection (1) of
this section and involving the validity of a rule adopted by the department. [1983
c.707 §20b; 1987 c.414 §25; 1993 c.744 §64]

(1)
Any structure designed for and occupied as a single family residence in which
no more than two sleeping rooms are provided on a daily or weekly basis for the
use of no more than a total of six travelers or transients at any one time for
a charge or fee paid or to be paid for the rental or use of the facilities; or

(2)
Any temporary camping sites used solely and incidentally in the course of
backpacking, hiking, horseback packing, canoeing, rafting or other such
expedition, unless such expedition is a part of an organizational camp program.
[1981 c.650 §4]

Note: 446.435 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

446.440
Application of condominium provisions to parks. (1) The
provisions of ORS 100.005 to 100.910 may be applied to a mobile home or
manufactured dwelling park as defined in this chapter.

(2)
Notwithstanding the provisions of subsection (1) of this section a mobile home
or manufactured dwelling park is not a condominium for purposes of local zoning
and planning provisions. [1987 c.459 §40; 1989 c.648 §30]

Note: 446.440 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

446.510 [1959 c.314 §1;
1961 c.610 §16; repealed by 1973 c.833 §48]

DISPUTE
RESOLUTION FOR MOBILE HOME AND MANUFACTURED DWELLING PARKS

446.515
Policy to encourage settlement of disputes. (1) It is the policy of the State of
Oregon:

(a)
To encourage mobile home and manufactured dwelling park residents and mobile
home and manufactured dwelling park owners and managers to settle disputes
among themselves without recourse, if possible, to either the court system or
intervention by a state agency.

(b)
To assist mobile home and manufactured dwelling park residents and mobile home
and manufactured dwelling park owners and managers to develop alternative
dispute resolution techniques including, but not limited to, providing technical
advice in the area of mediation.

(c)
To educate mobile home and manufactured dwelling park residents, owners and
managers about issues and laws that affect mobile home and manufactured
dwelling park tenancies for the purpose of assisting those persons in resolving
disputes.

(2)
The Legislative Assembly recognizes that a significant percentage of its
citizens are mobile home and manufactured dwelling park residents, owners or
managers and that a proposal which reduces the necessity of court resolution of
certain disputes between these residents, owners and managers may help these
citizens avoid the expense of going to court.

(3)
All citizens of this state benefit when the courts are reserved for the
resolution of the types of disputes for which no alternative dispute resolution
exists. [1989 c.918 §2; 2005 c.619 §24]

Note: 446.515 to
446.543 were added to and made a part of ORS chapter 456 by legislative action
but were not added to ORS chapter 446 or any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.

446.520 [1959 c.314 §2;
1971 c.588 §2; repealed by 1973 c.833 §48]

446.525
Special assessment; lien; collection. (1) Except as provided in ORS 308.250
(2)(b), a special assessment is levied annually upon each manufactured dwelling
that is assessed for ad valorem property tax purposes as personal property. The
amount of the assessment is $10.

(2)
On or before July 15 of each year, the county assessor shall determine and list
the manufactured dwellings in the county that are assessed for the current
assessment year as personal property. Upon making a determination and list, the
county assessor shall cause the special assessment levied under subsection (1)
of this section to be entered on the general assessment and tax roll prepared
for the current assessment year as a charge against each manufactured dwelling
so listed. Upon entry, the special assessment shall become a lien, be assessed
and be collected in the same manner and with the same interest, penalty and
cost charges as apply to ad valorem property taxes in this state.

(3)
Any amounts of special assessment collected pursuant to subsection (2) of this
section shall be deposited in the county treasury, paid over by the county
treasurer to the State Treasury and credited to the Mobile Home Parks Account
to be used exclusively for carrying out ORS 446.380, 446.385, 446.392 and
446.543, implementing the policies described in ORS 446.515 and compensating
the county for billing and collecting any special assessment under subsection
(2) of this section. The Housing and Community Services Department shall pay to
a county $1.50 for each special assessment account that the county bills under
subsection (2) of this section.

(4)
In lieu of the procedures under subsection (2) of this section, the Director of
the Housing and Community Services Department may make a direct billing of the
special assessment to the owners of manufactured dwellings and receive payment
of the special assessment from those owners. In the event that under the
billing procedures any owner fails to make payment, the unpaid special
assessment shall become a lien against the manufactured dwelling and may be
collected under contract or other agreement by a collection agency or may be
collected under ORS 293.250, or the lien may be foreclosed by suit as provided
under ORS chapter 88 or as provided under ORS 87.272 to 87.306. Upon collection
under this subsection, the amounts of special assessment shall be deposited in
the State Treasury and shall be credited to the Mobile Home Parks Account to be
used exclusively for carrying out ORS 446.380, 446.385, 446.392 and 446.543 and
implementing the policies described in ORS 446.515. [1989 c.918 §3; 1999 c.676 §28;
2007 c.71 §134; 2007 c.906 §43; 2015 c.217 §2]

Note: See note under
446.515.

446.530 [1959 c.314 §3;
1971 c.588 §3; repealed by 1973 c.833 §48]

446.533
Mobile Home Parks Account. There hereby is established separate and distinct
from the General Fund the Mobile Home Parks Account of the Housing and
Community Services Department. Except as otherwise provided by law, all moneys
appropriated or credited to the account are appropriated continuously for and
shall be used by the Director of the Housing and Community Services Department
for the purpose of carrying out the duties and responsibilities imposed under
ORS 105.138 and 446.515 to 446.547. Interest earned on the account shall be
credited to the account. [1989 c.918 §4; 2007 c.217 §3]

Note: See note under
446.515.

446.535 [1971 c.588 §13;
repealed by 1973 c.833 §48]

446.537 [1989 c.918 §5;
repealed by 1991 c.844 §22]

446.540 [1959 c.314 §4;
repealed by 1973 c.833 §48]

446.543
Office of Manufactured Dwelling Park Community Relations; duties of Director of
Housing and Community Services Department; rules. (1) An Office of
Manufactured Dwelling Park Community Relations is established in the Housing
and Community Services Department.

(2)
The Director of the Housing and Community Services Department shall, through
the use of office personnel or by other means:

(a)
Undertake, participate in or cooperate with persons and agencies in such
conferences, inquiries, meetings or studies as might lead to improvements in
manufactured dwelling park landlord and tenant relationships;

(b)
Develop and implement a centralized resource referral program for tenants and
landlords to encourage the voluntary resolution of disputes;

(c)
Maintain a current list of manufactured dwelling parks in the state, indicating
the total number of spaces;

(d)
Not be directly affiliated, currently or previously, in any way with a
manufactured dwelling park within the preceding two years; and

(e)
Take other actions or perform such other duties as the director deems necessary
or appropriate, including but not limited to coordinating or conducting tenant
resource fairs, providing tenant counseling and service referrals related to
park closures and providing outreach services to educate tenants regarding
tenant rights and responsibilities and the availability of services.

446.547
Mobile home and manufactured dwelling park to establish informal dispute
resolution procedure.
Each mobile home and manufactured dwelling park shall establish an informal
dispute resolution procedure that insures each issue with merit shall be given
a fair hearing within 30 days of receipt of a formal complaint. [1989 c.918 §10]

Note: 446.547 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

446.550 [1959 c.314 §5;
repealed by 1973 c.833 §48]

446.560 [1959 c.314 §6;
repealed by 1973 c.833 §48]

MANUFACTURED
STRUCTURE OWNERSHIP RECORDS

446.561
Definitions for ORS 446.566 to 446.646. As used in ORS 446.566 to 446.646:

(1)
Except as provided in subsection (2) of this section, “manufactured structure”
means:

(a)
A manufactured dwelling. As used in this paragraph, “manufactured dwelling” has
the meaning given that term in ORS 446.003 and also includes a structure that
would meet the definition in ORS 446.003 except that the structure is being
used for other than residential purposes.

(b)
A prefabricated structure, as defined in ORS 455.010, that is relocatable and
more than eight and one-half feet wide.

(c)
A recreational vehicle, as defined in ORS 446.003, that is more than eight and
one-half feet wide.

(2)
“Manufactured structure” does not include a mobile modular unit as defined in
ORS 308.866 or an implement of husbandry as defined in ORS 801.310. [2003 c.655
§8]

Note: 446.561 to
446.646 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 446 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

446.566
Ownership document contents. The following information must be
recorded on the ownership document issued for a manufactured structure by the
Department of Consumer and Business Services:

(1)
All ownership interests, for a manufactured structure sold in this state.

(2)
A change in location, for a manufactured structure that has been sited in this
state.

(3)
The manufactured structure identification number as described by department
rule.

(4)
The manufacturer’s name and, if available, the model of the manufactured
structure.

(5)
The identifying physical characteristics of the manufactured structure,
including but not limited to the total square footage of the living area, type
of siding, type of roof, number of bedrooms, number of bathrooms and types of
heating and cooling.

(6)
If the ownership document is issued due to sale of the manufactured structure,
the most recent sales price and date of sale for the manufactured structure.

446.568
Provision of certain ownership document information to Department of Consumer
and Business Services. (1) Except as provided in this subsection, if a
manufactured structure is purchased from or otherwise acquired through a
manufactured structure dealer, the dealer shall provide the information
described in ORS 446.566 (3) to (7) to the Department of Consumer and Business
Services. A manufactured structure dealer is not required to provide the
information to the department if the dealer complies with an instruction from
the purchaser to provide the information to a lender, escrow agent, title
company or other designee of the purchaser. A lender, escrow agent, title
company or other designee of the purchaser that receives the information
described in ORS 446.566 (3) to (7) from a manufactured structure dealer shall
provide the information to the department. However, the provision of
information described in ORS 446.566 (3) to (7) to the purchaser does not
excuse a manufactured structure dealer from the duty to provide the information
to the department.

(2)
If the manufactured structure is sold by or otherwise acquired through a person
other than a manufactured structure dealer, the information described in ORS
446.566 (3) to (7) shall be provided to the department:

(a)
By the seller if title is being transferred by a sale;

(b)
By the person to whom the ownership interest is being transferred if title is
being transferred by operation of law; or

(c)
By the owner if the owner will have a recorded ownership interest in the
manufactured structure after issuance of the ownership document. [2007 c.502 §3]

Note: See note under
446.561.

446.570 [1959 c.314 §7;
1971 c.588 §5; repealed by 1973 c.833 §48]

446.571
Ownership document application; records; notice of security interest. (1)(a) Except as
provided in paragraph (b) of this subsection, the owner of a manufactured
structure shall apply to the Department of Consumer and Business Services for
an ownership document. Upon receipt of an application in appropriate form as
described in ORS 446.736 (2), the Department of Consumer and Business Services
shall issue an ownership document for a manufactured structure. Except as
provided in ORS 308.875, a manufactured structure for which an ownership
document is issued is subject to assessment and taxation as personal property
under the ad valorem tax laws of this state.

(b)(A)
For a new manufactured structure, except as provided in subparagraph (C) of
this paragraph, the application must be filed on behalf of the owner by the
manufactured structure dealer as provided in ORS 446.736, by a lender or by an
escrow agent as provided in ORS 446.591.

(B)
For a used manufactured structure, except as provided in subparagraph (C) of
this paragraph, the owner must file the application with the county assessor
for the county in which the manufactured structure is sited.

(C)
If a dealer, lender or escrow agent refuses to file an application as required
by subparagraph (A) of this paragraph, or if a county assessor refuses to
accept an application in appropriate form as required by subparagraph (B) of
this paragraph, the owner may file an application for an ownership document
directly with the department.

(2)
The department shall maintain ownership records on manufactured structures for
which the department has issued ownership documents. The department shall
maintain a record of ownership documents or other documents evidencing
ownership that have been canceled.

(3)
The department shall note all security interests in the manufactured structure
on the ownership document and in the records maintained by the department
pursuant to subsection (2) of this section. The recording of the security
interests in the records maintained by the department is constructive notice of
the interests.

(4)
The department shall send the ownership document to the holder of the earliest
perfected unreleased security interest in the manufactured structure or, if
none, to the owner of the structure. The department shall also send a copy of
the ownership document to the county assessor for the county in which the
manufactured structure is being sited.

(5)
If an interest in a manufactured structure other than an ownership interest is
satisfied or assigned, the holder of the interest shall notify the department.
If the holder of the satisfied interest is in possession of the ownership
document for the structure, the holder shall return the ownership document to
the department. The department shall adjust the ownership document and send the
adjusted ownership document and copy as described in subsection (4) of this
section. [2003 c.655 §11]

Note: See note under
446.561.

446.575 [1971 c.588 §§11,12,14;
repealed by 1973 c.833 §48]

446.576
Manufactured structures not requiring ownership document or recording in county
deed records.
(1) Notwithstanding ORS 446.566 and 446.571, the following manufactured
structures do not require an ownership document and need not be recorded in
county deed records:

(a)
Manufactured structures owned by the United States Government.

(b)
Manufactured structures held as inventory by the manufacturer or a licensed
manufactured structure dealer.

(c)
Manufactured structures exempted under ORS 446.621 (2).

(2)
Notwithstanding ORS 446.566 and 446.571, an ownership document is not required
for a manufactured structure recorded in the county deed records as provided in
ORS 446.626. [2003 c.655 §10]

Note: See note under
446.561.

446.580 [1959 c.314 §8;
repealed by 1973 c.833 §48]

446.581
Abandoned structure ownership transfer; rules. The Department of
Consumer and Business Services shall adopt rules to provide for the
transference of an ownership document for an abandoned manufactured structure
to a landlord pursuant to ORS 90.425 or 90.675 and ORS 446.616 (2). [2003 c.655
§12]

Note: See note under
446.561.

446.586
Definitions for ORS 446.586 to 446.606. As used in ORS 446.586 to 446.606:

(1)
“Holder or other person” means the manufactured structure owner or other person
having an interest in the structure as indicated in the records of the
Department of Consumer and Business Services.

(2)
“Last-known address” means:

(a)
The address of a holder or other person that is the intended recipient of a
notice described in ORS 446.591 (4) as set forth in an ownership document,
financing statement or other documentation;

(b)
If the address for the intended recipient of the notice is not shown on a
document or statement, the address of the intended recipient’s principal place
of business; or

(c)
If the address for the intended recipient of the notice is not shown on a
document or statement and the intended recipient does not have a principal
place of business, the address of the intended recipient’s residence. [2003
c.655 §13]

Note: See note under
446.561.

446.590 [1959 c.314 §9;
repealed by 1973 c.833 §48]

446.591
Exception to requirement for submitting information; application by escrow
agent.
An ownership application, information described in ORS 446.736 or an ownership
document or other document evidencing ownership and any release thereon under
ORS 446.571, 446.616 or 446.641 does not need to be submitted to the Department
of Consumer and Business Services as a condition for the department recording
an ownership interest in a manufactured structure if all of the following conditions
are met:

(1)
The transaction involves the sale of a manufactured structure or the creation
or transfer of a security interest in a manufactured structure and is processed
by an escrow agent licensed in this state.

(2)
Debt secured by a security interest in the manufactured structure has been or
will be paid in full by the escrow agent as part of the agent’s processing of
the transaction.

(3)
The escrow agent sends the written notice, in the form described in ORS
446.596, at least 30 days prior to the application for issuance of a
replacement or original ownership document or for changes to an ownership
document.

(4)
The escrow agent mails a notice described in ORS 446.596 to the holder or other
person that is responsible for furnishing the application information,
ownership document, other document evidencing ownership, or release of
interest, and mails a copy of the notice to any person who has perfected a
security interest under ORS chapter 79 in the inventory of a dealer selling the
structure.

(5)
The escrow agent provides the Department of Consumer and Business Services with
an application as provided by department rule for an ownership document. The
application must be signed by the transferee, if any, and contain any
information required by the department, including but not limited to the
following information:

(a)
A description of the manufactured structure, including the identification
number as described by department rule.

(b)
The name of the transferee, if any.

(c)
A recital that the escrow agent did not receive the requested documents and did
not receive a written objection from the holder or other person. [2003 c.655 §14]

Note: See note under
446.561.

446.596
Notice provided by escrow agent; contents. The escrow agent shall send the
notice under ORS 446.591 (4) by certified mail with return receipt requested
and by first class mail, both with postage prepaid, to the last-known address
of the holder or other person responsible for furnishing the documents and of
any person having a perfected security interest. The notice must:

(1)
Contain a description of the manufactured structure, including the year of
manufacture, the make and the identification number as described by rule of the
Department of Consumer and Business Services;

(2)(a)
State that the debt or other obligation owed to the holder or other person has
been paid and satisfied and specify the date and amount of the final payment;
or

(b)
State that at or prior to the time that the security interest or other interest
of the holder or other person in the manufactured structure is terminated, the
escrow agent will fully pay and satisfy the debt or other obligation owed to
the holder or other person;

(3)
State that, unless the escrow agent receives the appropriate documents within
30 days after the notice is received by the owner or other person responsible
for providing or releasing the documents, an application for issuance of a
replacement or original ownership document or for changes to an ownership document
will be made to the Department of Consumer and Business Services as described
in ORS 446.591 (5); and

(4)
State that, if the escrow agent receives from the holder or other person a
written objection to provision or release of the requested documents, the
escrow agent will not apply for the issuance or replacement of or changes to
the ownership document unless the objection is withdrawn or the escrow agent
receives the documents from the holder or other person. [2003 c.655 §15]

446.601
Treatment of application provided by escrow agent. (1) The
Department of Consumer and Business Services shall treat an application
described in ORS 446.591 (5):

(a)
As an application for issuance of a replacement or original ownership document
that reflects the sale of the manufactured structure or the creation or
transfer of the security interest, or as an application to make other changes
to an ownership document consistent with the transaction;

(b)
As satisfactory proof that any previously issued ownership document for the
manufactured structure is not available; and

(c)
As a release of any perfected security interest in the manufactured structure
by the holder or other person responsible for providing the application
information, ownership document or other document evidencing ownership, or a
release thereon.

(2)
Upon receipt of an application described in ORS 446.591 (5) and the payment of
appropriate fees, the department may issue a replacement or original ownership
document for the manufactured structure, add or delete a security interest or
make any other changes consistent with the transaction. The department shall send
the ownership document to the holder of the earliest perfected unreleased
security interest in the manufactured structure or, if none, to the owner. The
department shall also send a copy of the ownership document to the county
assessor for the county in which the manufactured structure is sited or being
sited. [2003 c.655 §16]

Note: See note under
446.561.

446.606
Prohibition on providing application; escrow agent fees; action for damages. (1) An escrow
agent may not provide an application to the Department of Consumer and Business
Services under ORS 446.591 (5) if the agent has received a written objection in
response to the notice provided under ORS 446.596.

(2)
An escrow agent may charge the person owning the manufactured structure under
the replacement ownership document a reasonable fee for services provided in
compliance with ORS 446.591 and 446.596.

(3)
In addition to any other remedy provided by law, a person may bring an action
against an escrow agent for damages sustained by the person due to the
negligence or willful misconduct of the escrow agent in complying with ORS
446.591 and 446.596. [2003 c.655 §17]

446.611
Perfection of security interest in manufactured structure having ownership
document.
(1)(a) Except as provided in paragraph (b) of this subsection, the exclusive
means for perfecting a security interest in a manufactured structure that has
an ownership document is by application for and notation of the security
interest in the manufactured structure ownership document records of the
Department of Consumer and Business Services. The application to have a
security interest noted may be included as part of the application for issuance
of an original ownership document. The department shall record the date of
receipt of an application to have a security interest noted on the ownership
document. The security interest is perfected as provided in ORS 79.0311 upon
the department’s entering the security interest in the records maintained by
the department under ORS 446.571. The department shall note the interest on a
new or updated ownership document and send the document as provided in ORS
446.571. A security interest perfected under this section continues in effect
until released by the holder of the interest.

(b)
Paragraph (a) of this subsection does not apply if the debtor who granted the
security interest is in the business of selling manufactured structures and the
structure constitutes inventory held for sale or lease. The filing provisions
of ORS 79.0501 to 79.0528 apply to security interests in manufactured
structures described in this paragraph.

(2)
The department shall issue or update an ownership document to reflect a
security interest described in subsection (1)(a) of this section and note the
interest in the manufactured structure ownership document records maintained by
the department. The department shall deliver the ownership document to the
holder of the earliest perfected unreleased security interest in the
manufactured structure or, if none, to the owner of the structure. The
department shall also send a copy of the ownership document to the county
assessor for the county in which the manufactured structure is being sited.

(3)
If the department cancels an ownership document because the manufactured
structure is recorded in the deed records of a county, the department shall
notify the county assessor of any unreleased security interest recorded in the
department’s record for the manufactured structure. The county assessor shall
record the security interest information for the structure in the deed records.

(4)
If a manufactured structure is recorded in the deed records of a county prior
to the recording of a security interest, the recording of a security interest
in the county deed records satisfies the requirement in ORS 72A.3095 that the
security interest be recorded as a mortgage on real estate and is effective as
a financing statement perfecting the security interest in the structure as
provided in ORS 79.0502 (3).

(5)
If a manufactured structure ceases to be exempt from the ownership document
requirement, upon recording the termination of the exemption in the deed
records, the county assessor shall notify the department of any unreleased
interest shown on the deed record for the manufactured structure. The
department shall note the security interest information on the ownership
document issued by the department. [2003 c.655 §18]

Note: See note under
446.561.

446.615 [1971 c.588 §15;
repealed by 1973 c.833 §48]

446.616
Transfer of interest in manufactured structure. (1) Except as
otherwise provided in subsection (2) or (3) of this section, upon the transfer
of any interest in a manufactured structure shown on an ownership document,
each person whose interest is released, terminated, assigned or transferred
shall acknowledge the release, termination, assignment or transfer of that interest
in a manner specified by the Department of Consumer and Business Services by
rule. The department shall design the rules adopted for purposes of this
subsection to protect the interests of all parties to the transfer of interest.

(2)
Notwithstanding subsection (1) of this section:

(a)
In the case of a transfer of an interest by operation of law, the personal
representative, receiver, trustee, sheriff, landlord or other representative or
successor in interest of the person whose interest is transferred shall file
the acknowledgment described in subsection (1) of this section. The
representative or successor shall also provide the transferee with information
satisfactory to the department concerning all facts entitling the representative
or successor to transfer the interest. If there is no person to transfer the
interest, the person to whom interest is awarded or otherwise transferred is
responsible for providing the information concerning the person’s entitlement
to the interest.

(b)
In the case of a transfer at death of the interest of the owner or security
interest holder of the manufactured structure, if the estate is not being
probated and ownership is not being transferred under the provisions of ORS
114.545, an interest in the manufactured structure may be assigned through the
use of an affidavit. The affidavit must be on a form prescribed by the
department and signed by all of the known heirs of the person whose interest is
being transferred, and shall state the name of the person to whom the ownership
interest has been passed. If any heir has not arrived at the age of majority or
is otherwise incapacitated, the parent or guardian of the heir shall sign the
affidavit.

(c)
In the case of a transfer at death of the interest of the owner or security
interest holder where transfer occurs under ORS 114.545, the affiant, as
defined in ORS 114.505, is the person required to assign interest.

(d)
A security interest holder, without the consent of the owner, may assign
interest of the holder in a manufactured structure to a person other than the
owner without affecting the interest of the owner or the validity or priority
of the interest. A person who is not given notice of the assignment is
protected in dealing with the security interest holder as the holder of the
interest until the assignee files notice of the interest with the department as
provided in ORS 446.571. This paragraph does not exempt an assignment of
interest from the acknowledgment requirement under subsection (1) of this
section.

(e)
If an interest in a manufactured structure is transferred pursuant to an
application under ORS 446.591 (5), the recital by the escrow company that no
written objections were received constitutes both a release, termination,
assignment or transfer of interest and an acknowledgment by the person whose
interest is released, terminated, assigned or transferred.

(3)
Subsection (1) of this section does not apply to a transfer of a security
interest where the security interest holder is a financial institution, a
financial holding company or a bank holding company, as those terms are defined
in ORS 706.008, a licensee under ORS chapter 725, or any subsidiary or
affiliate of any of the foregoing and the transfer of the interest of the
security interest holder:

(a)
Results from the merger, conversion, reorganization, consolidation or
acquisition of the security interest holder; or

(b)
Is to an entity that is a member of the same affiliated group as the security
holder. [2003 c.655 §19]

446.621
Effect of certificate of title or other documentation of ownership. (1) A certificate
of title for a manufactured structure issued by the Department of
Transportation prior to May 1, 2005, is effective as a document evidencing
ownership of the manufactured structure. If the manufactured structure does not
have a title pursuant to ORS 308.855 or 308.860 (1969 Replacement Part), a tax
record showing that a person has paid the ad valorem tax assessment on the
structure since 1972 is a document evidencing the person’s ownership of the
structure.

(2)
The owner of a manufactured structure described in subsection (1) of this section
is not required to obtain an ownership document for the structure unless the
structure is moved or sold. Except as provided in subsections (3) and (5) of
this section, upon the moving or sale of a manufactured structure described in
subsection (1) of this section, the owner shall submit the document evidencing
ownership of the structure to the Department of Consumer and Business Services
as provided in ORS 446.631 and 446.641. Upon receipt of the document, the
department shall enter the information regarding the manufactured structure in
the department’s records and issue an ownership document for the structure.

(3)
If the owner of a manufactured structure has misplaced a certificate of title,
the Department of Consumer and Business Services may require the person to
provide proof sufficient to satisfy the department concerning any questions
about the ownership of the manufactured structure or security interests in the
structure. The proof required by the department may include, but is not limited
to, completion of an affidavit that:

(a)
Is in a form required by the department by rule;

(b)
Contains any information the department requires by rule as necessary to
establish ownership of the manufactured structure or to determine any security
interests in the structure; and

(c)
Is verified by the person making the affidavit.

(4)
The Department of Consumer and Business Services is not liable to any person
for issuing an ownership document based on proof provided under subsection (3)
of this section.

(5)
The movement or sale of a manufactured structure described in subsection (1) of
this section does not require the owner to obtain an ownership document if:

(a)
The move or sale will qualify the manufactured structure for recording in the
deed records of a county under ORS 446.626; and

(b)
The person who will own the structure after the move or sale files an affidavit
with the Department of Consumer and Business Services prior to the move or sale
stating that the person will apply within 25 business days after completion of
the move or sale to have the manufactured structure recorded in the county deed
records.

(6)
ORS 803.220 does not apply to a certificate of title for a manufactured
structure issued by the Department of Transportation.

(7)
If the Department of Consumer and Business Services issues an ownership
document for a manufactured structure that was previously issued a certificate
of title by the Department of Transportation, the Department of Consumer and Business
Services shall record in the department’s records and note on the ownership
document any unreleased secured interest that was noted on the certificate of
title. A secured interest described in this subsection retains the original
perfection date of the interest, but provides the same creditor rights and
remedies available for a secured interest in personal property perfected under
ORS 446.611 (1). [2003 c.655 §§20,146(2)]

Note: See note under
446.561.

446.626
Recording manufactured structures in county deed records; effect on security
interest; recording as establishment of real property interest. (1) The owner of
a manufactured structure that qualifies under this subsection may apply to the
county assessor to have the structure recorded in the deed records of the
county. The application must be on a form approved by the Department of
Consumer and Business Services. The application must include a description of
the location of the real property on which the manufactured structure is or
will be sited. If the structure is being sold by a manufactured structure
dealer, the dealer may file the application on behalf of the owner within the
time described in ORS 446.736 (7). A manufactured structure qualifies for
recording in the deed records if the owner of the structure:

(a)
Also owns the land on which the manufactured structure is located;

(b)
Is the holder of a recorded leasehold estate of 20 years or more if the lease
specifically permits the manufactured structure owner to record the structure
under this section; or

(c)
Is a member of a manufactured dwelling park nonprofit cooperative formed under
ORS 62.800 to 62.815 that owns the land on which the manufactured structure is
located.

(2)
If the assessor, as agent for the department, determines that the manufactured
structure qualifies for recording in the deed records of the county, the
assessor shall cause the structure to be recorded in the deed records. The deed
records must contain any unreleased security interest in the manufactured
structure. If the department has issued an ownership document for the
manufactured structure, the owner must submit the ownership document to the
assessor with the application described in subsection (1) of this section. Upon
recording the manufactured structure in the deed records, the assessor shall
send the ownership document to the department for cancellation. The department
shall cancel the ownership document and send confirmation of the cancellation
to the assessor and the owner.

(3)
The recording of a security interest in the deed records of the county under
this section satisfies the requirements for filing a financing statement for a
fixture to real property under ORS 79.0502. The recording of a manufactured
structure in the deed records of the county is independent of the assessment
and taxation of the structure as real property under ORS 308.875. The recording
of a manufactured structure in the deed records of the county makes the
structure subject to the same provisions of law applicable to any other
building, housing or structure on the land. However, the manufactured structure
may not be sold separately from the land or leasehold estate unless the owner
complies with subsection (4) of this section.

(4)
The owner of a manufactured structure that is recorded in the deed records of
the county may apply to have the structure removed from the deed records and an
ownership document issued for the structure. Unless the manufactured structure
is subject to ORS 446.631, the owner must apply to the county assessor, as
agent for the department, for an ownership document as provided in ORS 446.571.
Upon approval of the application, the assessor shall terminate the recording of
the manufactured structure in the deed records.

(5)
If a manufactured structure described in subsection (1)(b) or (c) of this
section is recorded in the deed records, the owner of the structure has a real
property interest in the manufactured structure for purposes of:

446.631
Process for moving manufactured structure; fees. (1) A person may
not move a manufactured structure to a different situs unless the Department of
Consumer and Business Services approves the move and the county assessor issues
a trip permit on behalf of the department. An application to move a
manufactured structure must be filed in the manner and form required by
department rule and include the following:

(a)
The ownership document or, if an ownership document does not exist, another
document acceptable to the department evidencing ownership of the structure or,
if the structure is recorded in the deed records of the county, the property
description for the current and proposed situses for the structure.

(b)
The identity of the owner of the proposed situs or, if the proposed situs is a
facility as defined in ORS 90.100, the name of the facility.

(c)
Any other information required by the department by rule.

(2)(a)
Except as provided in paragraph (b) of this subsection, the department may not
approve an application to move a manufactured structure to a situs in another
county unless all taxes and special assessments for the current year that will
become a lien against the structure prior to the move as described in ORS
311.405 and all delinquent taxes and special assessments for past years are
paid.

(b)
A purchaser or landlord may obtain a trip permit from the county assessor
without payment if the county cancels the taxes and assessments as provided in
ORS 90.425 or 90.675.

(3)
If the assessor cannot compute the exact amount of taxes due, the owner shall
pay an amount based on the current assessed value of the manufactured structure
or the value that would be used on the next assessment roll, or an amount based
on the assessor’s best estimate of the total taxes and assessments. ORS 311.370
applies to taxes and assessments collected under this section.

(4)
If the county assessor determines that all due or pending taxes and assessments
have been paid, the assessor may issue a trip permit on behalf of the
department and shall forward the application information to the department. The
department shall update the department’s record for the manufactured structure
and issue an updated ownership document for the structure indicating the change
in information. If no ownership document exists for the manufactured structure,
the department shall record the information for the structure and issue an
ownership document.

(5)
The department shall deliver an ownership document updated or issued under
subsection (4) of this section to the holder of the earliest perfected
unreleased security interest in the manufactured structure or, if none, to the
owner of the structure. The department shall also send a copy of the ownership
document to any other holders of unreleased security interests in the structure
and to the county assessor for the county in which the structure is to be
sited.

(6)
The Department of Consumer and Business Services or a county may charge fees
for services provided under this section. The fees charged pursuant to this
subsection may not exceed the cost of the services provided.

(7)
Subsections (1) to (6) of this section do not apply to the movement of a
manufactured structure described under ORS 446.576 (1)(a) or (b) or 446.736. [2003
c.655 §22; 2005 c.22 §321]

Note: See note under
446.561.

446.635 [1967 c.598 §2;
1971 c.588 §6; repealed by 1973 c.833 §48]

446.636
Manufactured structure trip permits. (1) For a new manufactured structure, the
manufactured structure dealer must obtain the trip permit on behalf of the
owner. If the dealer fails to obtain the trip permit prior to the scheduled
moving date, the vehicle transporter must obtain the trip permit on behalf of
the owner.

(2)
For a used manufactured structure, the owner must obtain a trip permit from the
county assessor for the county in which the manufactured structure is sited.

(3)
Notwithstanding subsections (1) and (2) of this subsection, if a dealer or
vehicle transporter refuses to obtain a trip permit as required by subsection
(1) of this section, or if a county assessor refuses to issue a trip permit to
an owner who has complied with ORS 446.631, the owner may apply directly to the
Department of Consumer and Business Services for a trip permit.

(4)
The department may issue trip permits in bulk to a manufactured structure
dealer or vehicle transporter. [2003 c.655 §22a]

Note: See note under
446.561.

446.640 [1959 c.314 §17;
repealed by 1973 c.833 §48]

446.641
Sale of manufactured structure having ownership document or that is exempt
structure.
(1) If a person sells an ownership interest in a manufactured structure for
which there is an ownership document issued under ORS 446.611 or a structure
described in ORS 446.621 (1) to (6), the seller shall give notice of the sale
to the county assessor for the county in which the structure is sited.

(2)
The seller’s notice must be on a form approved by the Department of Consumer
and Business Services. Information required by the form must include, but need
not be limited to:

(a)
The identities of the seller and the purchaser;

(b)
Any change in the security interest in the structure resulting from the
transaction; and

(c)
For each holder of an unreleased security interest:

(A)
A signed statement recorded on the ownership document for the manufactured
structure acknowledging that the interest holder is aware of the sale; or

(B)
Documentation satisfactory to the department showing that acknowledgment by the
holder was requested but the holder has not responded.

(3)
The seller shall submit the following with the notice:

(a)
The ownership document or other document evidencing ownership of the
manufactured structure.

(b)
A copy of the bill of sale.

(c)
Documentation satisfactory to the county assessor that all taxes, special
assessments and other charges placed on the tax roll that have been certified
for collection under ORS 311.105 and 311.110, all taxes in homestead deferral
as described under ORS 311.666 to 311.701 and all delinquent taxes and special
assessments for past years are paid or have been canceled.

(4)
The county assessor shall forward the information contained in the notice and
the ownership document or other document evidencing ownership to the
department. The department shall update the ownership document for the
manufactured structure or, if no ownership document exists, enter the
information in the department’s records and issue an ownership document for the
structure.

(5)
The department shall deliver an ownership document updated or issued under
subsection (4) of this section to the holder of the earliest perfected
unreleased security interest in the manufactured structure or, if none, to the
owner of the structure. The department shall also send a copy of the ownership
document to the county assessor.

(6)
A transfer of ownership of a manufactured structure by operation of law is a
sale of the manufactured structure for purposes of this section.

(7)
Notice given to a county assessor under subsection (1) of this section is not
an instrument of conveyance.

(8)
If a seller does not give a notice of sale to the county assessor within 30
days after closing of the sale of a manufactured structure, a buyer may submit
a notice of sale to the assessor if the notice is accompanied by proof of sale
acceptable to the department as provided by rule. Upon receipt of a notice of
sale and acceptable proof of sale, the assessor shall forward the information
to the department as provided in subsection (4) of this section. Submission of
a notice of sale by a buyer does not excuse a seller from civil penalty under
ORS 455.895 for a violation of subsection (1) of this section. [2003 c.655 §23;
2007 c.502 §4]

Note: See note under
446.561.

446.646
Department of Consumer and Business Services rules; fees; county as agent of
department.
(1) The Department of Consumer and Business Services may adopt rules necessary
for carrying out the duties, functions and powers of the department under ORS
446.566 to 446.646.

(2)
Except as provided in subsection (4) of this section, the department shall
adopt appropriate fees to cover the cost of services rendered under ORS 446.566
to 446.646 by the department and by a county as agent for the department. The
department may not vary the fee for issuance or renewal of an ownership
document, or for removal of a manufactured structure from the ownership
document system, based upon the applicant’s status as an owner, dealer or
escrow agent.

(3)
A county carrying out functions under ORS 446.566 to 446.646 related to
manufactured structure ownership documents and trip permits is an agent of the
department with regard to those functions.

(4)
Unless the department adopts a different fee pursuant to subsection (2) of this
section, the fee amount:

(a)
For issuance of an ownership document is $55.

(b)
For issuance of a trip permit is $5. [2003 c.655 §23a]

Note: See note under
446.561.

446.650 [1959 c.314 §18;
repealed by 1973 c.833 §48]

446.655 [1971 c.588 §8;
repealed by 1973 c.833 §48]

446.660 [1959 c.314 §19;
repealed by 1973 c.833 §48]

MANUFACTURED
STRUCTURE DEALERS AND DEALERSHIPS

446.661
Definitions for ORS 446.661 to 446.756. As used in ORS 446.661 to 446.756:

(1)
“Dealer” has the meaning given that term in ORS 446.003.

(2)
“Insured institution” has the meaning given that term in ORS 706.008.

(3)
“Manufactured dwelling” has the meaning given that term in ORS 446.003.

(4)
“Manufactured structure” has the meaning given that term in ORS 446.561. [2003
c.655 §24; 2011 c.166 §2]

Note: 446.661 to
446.756 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 446 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.

446.666
Regulation of dealers, dealerships and salespersons; inspection of records;
rules.
The Department of Consumer and Business Services:

(1)
Shall adopt reasonable rules for regulating manufactured structure dealers and
dealerships and maintaining accurate records of manufactured structure
ownership and location. The rules may include, but need not be limited to,
rules governing the issuance, renewal, suspension, revocation or cancellation
of licenses issued under ORS 446.691 and 446.696 and for temporary or limited
manufactured structure dealer licenses issued under ORS 446.701 or 446.706,
rules for placement of dealers on probation under ORS 446.741, rules
establishing standards of practice and conduct for manufactured structure
dealers and rules for processing transfers of interests in manufactured
structures.

(2)
May inspect manufactured structure dealer records and manufactured structures
in the possession of a dealer for purposes of administering and enforcing ORS
446.661 to 446.756 and rules of the department.

(3)
May examine an application for a manufactured structure dealer license and make
an individual investigation relative to statements contained in the
application.

(4)
May adopt rules regulating manufactured dwelling salespersons, including but
not limited to rules governing the ability to engage in the occupation of
manufactured dwelling salesperson. [2003 c.655 §25]

Note: See note under
446.661.

446.671
Acting as manufactured structure dealer without license; penalty. (1) Except as
provided in ORS 446.676, a person commits the crime of acting as a manufactured
structure dealer without a license if the person does not have a valid, current
manufactured structure dealer license issued under ORS 446.691 or 446.696 or a
temporary or limited manufactured structure dealer license issued under ORS
446.701 or 446.706 and the person:

(a)
Sells, brokers, trades or exchanges a manufactured structure, or offers to
sell, trade or exchange a manufactured structure, either outright or by means
of any conditional sale, consignment or otherwise;

(b)
Displays a new or used manufactured structure for sale; or

(c)
Acts as an agent for the owner of a manufactured structure to sell the
structure or for a person interested in buying a manufactured structure to buy
the structure.

(2)
Acting as a manufactured structure dealer without a license is a Class A
misdemeanor. [2003 c.655 §26; 2005 c.22 §322]

Note: See note under
446.661.

446.676
Exceptions to prohibition against unlicensed dealer activity. ORS 446.671 does
not apply to the following manufactured structures or persons:

(1)
A unit of government or a public or private utility.

(2)
The owner of a manufactured structure, as shown by a document evidencing
ownership issued by any jurisdiction if the person owned the manufactured
structure for personal, family or household purposes. If the person sells,
trades, displays or offers for sale, trade or exchange two or more manufactured
structures during a calendar year, the person has the burden of proving that the
person owned the structures primarily for personal, family or household
purposes.

(3)
A conservator, receiver, trustee, personal representative or public officer
while performing any official duties. The exemption provided by this subsection
applies to actions taken for the purposes of winding up the affairs of a
manufactured structure dealer or dealership and not to the continuing operation
of a dealership.

(4)
A real estate licensee representing a buyer or seller in a transaction
involving real property under ORS 308.875 or a manufactured structure that is
recorded in the deed records of a county.

(5)
An escrow agent making an application for an ownership document as described
under ORS 446.591 (5).

(6)
The security interest holder of a manufactured structure as shown by a document
evidencing ownership issued by any jurisdiction.

(7)
The sale of a manufactured structure by the manufacturer to a manufactured
structure dealer. However, a manufacturer must obtain a manufactured structure
dealer license under ORS 446.691 in order to sell manufactured structures to
retail customers.

(8)
An insurance adjuster authorized to do business under ORS 744.505 or 744.515
who is disposing of a manufactured structure for salvage.

(9)
A person who sells or trades or offers to sell or trade a manufactured
structure that has been used in the operation of the person’s business unless
the person’s business is the buying, selling, brokering, trading or exchanging
of manufactured structures, displaying new or used manufactured structures for
sale or acting as agent for an owner selling a manufactured structure or for a
person interested in buying a manufactured structure.

(10)
A person who is licensed as a manufactured structure dealer in another
jurisdiction and is participating in a temporary exhibition of manufactured
structures, if the exhibition includes at least two other manufactured
structure dealers licensed in this state or another jurisdiction, lasts 10 days
or less and charges admission to the public. An exemption may be claimed under
this subsection for a total of not more than 10 days during a calendar year.

(11)
A person who receives no money, goods or services, either directly or
indirectly, for displaying a manufactured structure or acting as an agent in
the selling or buying of a manufactured structure.

(12)
A manufactured dwelling park or mobile home park owner that consigns a
manufactured structure for sale by a licensed manufactured structure dealer.

(13)
The sale of an abandoned manufactured dwelling by a manufactured dwelling park
owner pursuant to ORS 90.675 (10) if the park owner makes a reasonable effort
to transfer the title for the manufactured dwelling to the purchaser.

(14)
A licensed real estate broker acting in the employ of, on behalf of or under
the supervision of an individual who is both a licensed principal real estate
broker and a licensed manufactured structure dealer.

(15)
A financial institution or trust company acting as attorney in fact under a
duly executed power of attorney from the owner or purchaser authorizing the
selling, leasing or exchanging of the owner’s or purchaser’s assets. As used in
this subsection, “financial institution” and “trust company” have the meanings
given those terms in ORS 706.008. [2003 c.655 §27; 2007 c.319 §29]

Note: See note under
446.661.

446.681
Enjoining unlicensed dealers. The Department of Consumer and Business
Services may petition a circuit court for an injunction or other relief against
a person dealing in manufactured structures in violation of ORS 446.671. If the
court grants the petition, the court shall award reasonable costs and
disbursements and attorney and enforcement fees. [2003 c.655 §42]

Note: See note under
446.661.

446.686
Notice of proceeding against alleged unlicensed dealer. (1) If the
Department of Consumer and Business Services proceeds under ORS 446.681 or
455.895, the department may post a notice on any manufactured structure held in
inventory by a person alleged to be acting as a manufactured structure dealer
without a license. The notice must state that the person offering the
manufactured structure for sale is currently the subject of a proceeding to
determine whether the person has a manufactured structure dealer license and
that it may be unlawful for the person to sell the manufactured structure to a
retail customer.

(2)
A person may remove a notice posted in accordance with subsection (1) of this
section only upon authorization by the department. The department shall
authorize removal within 10 days after any one of the following occurs:

(a)
The dismissal or termination of the proceeding instituted under ORS 446.681 or
455.895;

(b)
Full payment of any lawfully owing civil penalty and compliance with ORS
446.661 to 446.756; or

(c)
A finding by the department or a court that the manufactured structure is being
offered for sale by a licensed manufactured structure dealer or a person who is
exempt from the licensing requirement under ORS 446.676. [2003 c.655 §43]

Note: See note under
446.661.

446.691
Issuance of dealer license. The Director of the Department of Consumer and
Business Services shall issue a manufactured structure dealer license to an
applicant if the applicant:

(1)
Delivers to the director a bond or letter of credit that meets the requirements
under ORS 446.726;

(2)
Provides evidence acceptable to the director that the applicant obtained a
corporate surety bond as provided in ORS 86A.227 if the applicant employs or
intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is
otherwise subject to ORS 86A.200 to 86A.239;

(3)
Certifies to the director in a form and manner the director specifies by rule
that the applicant has independently verified that every individual the
applicant or licensee hired or intends to hire as a mortgage loan originator
meets the requirements set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186;

(4)
Pays the fee specified in ORS 446.721 for issuance of a manufactured structure
dealer license; and

(5)
Completes the application for a dealer license in a form approved by the
director that includes:

(a)
The name and residence address of the applicant. If the applicant is a firm or
partnership, the application must include the names and residence addresses of
the members of the firm or partnership. If the applicant is a corporation, the
application must include the names and residence addresses of the principal
officers of the corporation and the name of the state in which the corporation
is incorporated.

(b)
The name under which the business will be conducted.

(c)
The street address, including city and county in Oregon, where the business
will be conducted.

(d)
A statement that indicates whether the applicant handles used manufactured
structures.

(e)
An affidavit from the applicant showing that the applicant will act as a
manufactured structure dealer and will conduct business at the location given
on the application.

(f)
If the street address where the dealer will conduct the business is in a
residential zone, a statement by the dealer that all manufactured structures
sold or displayed at that address will meet any architectural and aesthetic
standards regulating the placement of manufactured structures in that
residential zone.

(h)
If the applicant will offer for sale new manufactured structures that are
recreational vehicles greater than eight and one-half feet in width, an
affidavit from the applicant stating that the applicant will maintain a
recreational vehicle service facility for those recreational vehicles at a street
address provided in the application. [2003 c.655 §28; 2009 c.863 §29]

Note: See note under
446.661.

446.696
Renewal of dealer license. A manufactured structure dealer license is valid for
three years, but the Director of the Department of Consumer and Business
Services may adjust the term of an initial license for the purpose of
establishing uniform expiration dates. A dealer may renew a license as provided
by the director. The director may renew a license only if the dealer:

(1)
Delivers to the director a bond or letter of credit that meets the requirements
under ORS 446.726.

(2)
Provides evidence acceptable to the director that the dealer obtained a
corporate surety bond as provided in ORS 86A.227 if the dealer employs or
intends to employ a mortgage loan originator, as defined in ORS 86A.200, or is
otherwise subject to ORS 86A.200 to 86A.239.

(3)
Certifies to the director in a form and manner the director specifies by rule
that the dealer has independently verified that every individual the dealer
hired or intends to hire as a mortgage loan originator meets the requirements
set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186.

(4)
Pays the fee specified in ORS 446.721 for renewal of a manufactured structure
dealer license.

(5)
Submits a completed application for renewal in a form approved by the director
that includes:

(a)
The name and residence address of the dealer. If the dealer is a firm or
partnership, the application must include the names and addresses of the
members of the firm or partnership. If the dealer is a corporation, the
application must include the names and addresses of the principal officers of
the corporation and the name of the state in which the corporation is
incorporated.

(b)
The name under which the business will be conducted.

(c)
The street address, including city and county in Oregon, where the business
will be conducted.

(d)
If the location of the dealership is being changed at the time of renewal:

(A)
For a business that will be conducted in a residential zone, a statement by the
dealer that all manufactured structures sold or displayed at that address will
meet any architectural and aesthetic standards regulating the placement of
manufactured structures in that residential zone.

(B)
For a business that will offer for sale new manufactured structures that are
recreational vehicles greater than eight and one-half feet in width, a
certificate from the applicant stating that the applicant will maintain a
recreational vehicle service facility for those recreational vehicles at a
street address provided in the application.

446.701
Issuance of temporary manufactured structure dealer license. (1) If a licensed
manufactured structure dealer dies or becomes incapacitated, the Department of
Consumer and Business Services may issue a temporary manufactured structure
dealer license to the executor, administrator or personal representative of the
estate of the dealer or to an agent of the dealer approved by the department. A
temporary license issued under this subsection expires after six months, but
the department may extend the license for good cause. The department may not
extend a temporary license if the license has been suspended or the licensee
placed on probation by the department.

(2)
A person issued a temporary manufactured structure dealer license must deliver
to the department a bond or letter of credit that meets the requirements under
ORS 446.726. A bond or letter of credit covering a license term of less than one
year must be for the sum otherwise required for each year a license is valid
and must be renewed if the term is extended. The temporary manufactured
structure dealer is responsible for ensuring that, during the term of the
temporary license, the dealership and its employees comply with ORS 446.661 to
446.756 and rules adopted thereunder. This subsection does not relieve a
manufactured structure dealer licensed under ORS 446.691 or 446.696 from
liability for a violation arising out of actions or omissions by the dealer.

(3)
Notwithstanding ORS 446.731:

(a)
Issuance of a temporary manufactured structure dealer license does not, by
itself, affect the rights or interests of any creditors of the dealer in
dealership assets or inventory.

(b)
Issuance or expiration of a temporary license is not a transfer of interest for
purposes of ORS 446.736.

446.706
Limited manufactured structure dealer; licensing. (1) A person who
holds a limited manufactured structure dealer license issued under this section
may sell during a calendar year up to 10 manufactured dwellings located at a
manufactured dwelling park identified in the license. The manufactured
dwellings sold under a limited manufactured structure dealer license must be
dwellings that:

(a)
Have been abandoned as described in ORS 90.675 at any manufactured dwelling
park. If the manufactured dwelling is not subject to sale by the limited
manufactured structure dealer under ORS 90.675 (10), the dealer must have the
certificate of title or registration for the dwelling transferred to the dealer
prior to offering the dwelling for sale; or

(b)
Have been purchased by the park owner from a person holding title, and at the
time of purchase by the park owner, were sited in the manufactured dwelling
park identified in the license.

(2)
Notwithstanding ORS 90.525, if a limited manufactured structure dealer sells a
manufactured dwelling that was abandoned at a manufactured dwelling park other
than the park where the dwelling is being sold, the sale terms for the
manufactured dwelling must require that the dwelling is to be sited under a
rental agreement at the park where sold for at least 12 months following the
sale.

(3)
Except as provided in ORS 446.741, the Director of the Department of Consumer
and Business Services shall issue a limited manufactured structure dealer
license to a person if the person:

(a)
Owns or operates a manufactured dwelling park as defined in ORS 446.003;

(b)
Submits a completed application for a limited manufactured structure dealer
license in a form approved by the director;

(c)
Delivers to the director a bond or letter of credit that meets the requirements
under ORS 446.726, except that the bond or letter of credit must be in the sum
of $15,000 for each year that the license is valid;

(d)
Delivers to the director a corporate surety bond that meets the requirements
specified in ORS 86A.227 if the person employs or intends to employ a mortgage
loan originator, as defined in ORS 86A.200, or is otherwise subject to ORS
86A.200 to 86A.239;

(e)
Certifies to the director in a form and manner the director specifies by rule
that the person has independently verified that every individual the person
hired or intends to hire as a mortgage loan originator meets the requirements
set forth in ORS 86A.200 to 86A.239 and in ORS 86A.186;

(4)
If the person is a firm or partnership, the application for a limited
manufactured structure dealer license must include the names and residence
addresses of the members of the firm or partnership. If the person is a
corporation, the application must include the names of the principal officers
of the corporation and residence addresses of the officers and the name of the
state under whose laws the corporation is organized. If the person is the owner
of a manufactured dwelling park, the person may submit a joint application on
behalf of the person and a named park operator employed by the person. If the
person is the operator of a manufactured dwelling park, the application must
include the name and signature of the park owner.

(5)
A limited manufactured structure dealer license is valid for use at a single
manufactured dwelling park. The manufactured dwelling park location must be
specified in the license application. A limited manufactured structure dealer
may not employ a salesperson.

(6)
A limited manufactured structure dealer license is valid for two years, but the
director may adjust the term of an initial license for the purpose of
establishing uniform expiration dates.

(7)
Notwithstanding subsection (6) of this section, the limited manufactured
structure dealer license for the person expires immediately if the person
ceases to be an operator or owner of the manufactured dwelling park at which
the license may be used. The owner of a manufactured dwelling park shall
immediately notify the director if a person licensed under this section ceases
to be an owner or operator of a manufactured dwelling park at which the license
may be used.

(8)
Notwithstanding subsections (6) and (7) of this section, if a licensed person
ceases to be an operator of the manufactured dwelling park, the park owner may
apply to have a corrected license issued to a new operator employed by the
owner. A corrected license issued under this subsection is valid for the
unexpired portion of the original license term. The director shall charge the
fee specified in ORS 446.721 for issuing a corrected license.

(9)
A limited manufactured structure dealer may renew a license as provided by the
director. The director shall renew a license only if the dealer:

(a)
Submits a completed application for renewal in a form approved by the director;

(b)
Delivers to the department a bond or letter of credit that meets the
requirements described in subsection (3) of this section; and

446.711
Dealer education and testing; rules. (1) In addition to any other requirement
for issuance or renewal of a manufactured structure dealer license, the
Department of Consumer and Business Services, by rule, may adopt education and
testing requirements as a condition for issuance or renewal of a license
described in ORS 446.691.

(2)
A person may satisfy a requirement adopted under subsection (1) of this section
by taking an appropriate educational program or test offered by an accredited
educational institution, private school, correspondence school or nonprofit
organization and approved by the department.

(3)
If a dealer is a firm, partnership or corporation, the dealer satisfies a
requirement adopted under subsection (1) of this section if a manager or other
person exercising significant control over the daily sales activities of the
dealership meets the education and testing requirements.

(4)
The department may not require education or testing of a manufactured structure
dealer if the dealer possesses a license issued under ORS chapter 696. This
subsection does not prohibit voluntary participation in education and testing. [2003
c.655 §29c]

Note: See note under
446.661.

446.716
Additional places of business; supplemental licenses. (1) A licensed
manufactured structure dealer may open additional places of business under the
same business name by obtaining a supplemental license from the Department of
Consumer and Business Services. If the dealer will operate the additional place
of business under a different business name than that indicated on an existing
dealer license, the dealer must apply for a dealer license for the additional
place of business instead of for a supplemental license.

(2)
A manufactured structure dealer may move a place of business or change a
business name by obtaining a corrected dealer license from the department. The
department shall prescribe the form for application for a corrected license.
For purposes of this subsection, “place of business” includes a recreational
vehicle service facility.

(3)
The department may refuse to issue a dealer license if a manufactured structure
dealer license issued to the dealer by another jurisdiction is in suspended,
revoked or probationary status in that jurisdiction. This subsection does not
authorize the department to refuse a supplemental license or corrected license.

446.721
License fees; use of moneys. (1) The fee for issuance or renewal of a
manufactured structure dealer license under ORS 446.691 is $542.

(2)
The fee for issuance or renewal of a supplemental license under ORS 446.716 is
$90 for each additional place of business.

(3)
The fee for issuance or renewal of a corrected dealer license under ORS 446.716
or corrected limited manufactured structure dealer license under ORS 446.706 is
$30.

(4)
The fee for issuance of a temporary manufactured structure dealer license under
ORS 446.701 is $100.

(5)
The fee for issuance or renewal of a limited manufactured structure dealer
license under ORS 446.706 is $150.

(6)
Fees adopted pursuant to this section are not subject to proration or refund.

(7)
Fees collected by the Department of Consumer and Business Services under this
section must be deposited in the Consumer and Business Services Fund. Moneys
deposited into the fund pursuant to this section are continuously appropriated
to the department for use as provided in ORS 446.423. [2003 c.655 §32; 2007
c.71 §135]

Note: See note under
446.661.

446.726
Bond or letter of credit requirements; action against dealer and surety or
issuer.
(1) A bond or letter of credit required to qualify for issuance or renewal of a
manufactured structure dealer license under ORS 446.691 or 446.696 or a
temporary manufactured structure dealer license under ORS 446.701 must comply
with the following requirements:

(a)
The bond must have a corporate surety licensed to do business within this
state. A letter of credit must be an irrevocable letter of credit issued by an
insured institution.

(b)
The bond or letter of credit must:

(A)
Be executed to the State of Oregon;

(B)
Be in the sum of $40,000 for each year the license is valid;

(C)
Be in a form approved by the Director of the Department of Consumer and
Business Services;

(D)
Be conditioned that the dealer will conduct the manufactured structure
dealership without fraud or fraudulent representation and without violating any
statute or rule relating to manufactured structure dealers, manufactured
structure dealerships, transfers of interests in manufactured structures,
alteration of manufactured structures or moving manufactured structures;

(E)
Be separate from any bond or letter of credit covering business activities other
than dealing in manufactured structures; and

(F)
Be filed and held by the director.

(2)
The surety or institution shall notify the director if the bond or letter of
credit is canceled for any reason. The surety or institution continues to be
liable under the bond or letter of credit until the director receives the
notice required by this subsection, or until the cancellation date specified in
the notice, whichever is later.

(3)
If the license of a manufactured structure dealer is not renewed or is voluntarily
or involuntarily canceled, the surety on the bond and the issuer of the letter
of credit are relieved from liability that accrues after the director cancels
the license.

(4)
The manufactured structure dealer shall purchase a bond or letter of credit
under this section annually on or before each anniversary of the issuance of
the dealer’s license.

(5)
A retail customer has a right of action against a manufactured structure
dealer, against the surety on the dealer’s bond and the issuer of a letter of
credit if the retail customer suffers any loss or damage by reason of the
manufactured structure dealer’s fraud, fraudulent representations or violations
of statutes relating to:

446.731
Status of licensed dealer. A person who has a current, valid manufactured
structure dealer license issued under ORS 446.691 or 446.696 or a temporary
manufactured structure dealer license under ORS 446.701:

(1)
Is considered the owner of manufactured structures manufactured or dealt in by
the dealer before sale and delivery of the manufactured structures, and the
owner of all manufactured structures in the dealer’s possession.

(2)
Is not subject to the recreational vehicle dealer requirements in ORS chapter
822 when dealing in manufactured structures that are recreational vehicles
greater than eight and one-half feet in width. [2003 c.655 §36]

Note: See note under
446.661.

446.736
Transfer of interest by dealer; application information; notice of delay;
penalty.
(1) Except as provided in subsection (7) of this section, a manufactured
structure dealer who transfers an interest in a manufactured structure shall:

(a)
Submit to the Department of Consumer and Business Services an application for
an ownership document on behalf of the purchaser; or

(b)
If the purchase is being financed, submit sufficient information to a lender to
allow the lender to make an application to the department for an ownership
document.

(2)
An application under subsection (1) of this section must be on a form approved
by the department and include:

(a)
The year, manufacturer’s name, model if available and identification number for
the manufactured structure.

(b)
Any existing ownership document for the structure or, if none, the manufacturer’s
certificate of origin or other document evidencing ownership of the
manufactured structure.

(c)
The legal description or street address for the proposed situs for the
manufactured structure.

(d)
The identity of the owner of record for the location where the manufactured
structure is being sited or, if the structure is being sited in a facility as
defined in ORS 90.100, the name of the facility.

(e)
The name and mailing address of each person acquiring an ownership interest in
the manufactured structure.

(f)
The name and mailing address of each person acquiring a security interest in
the manufactured structure.

(g)
Any other information required by the department by rule for processing an
application.

(3)
If a manufactured structure dealer is unable to comply with subsection (1) of
this section, within 25 business days of the transfer the dealer shall provide
a notice of delay to the security interest holder next named, if any, and the
purchaser. The notice must contain:

(a)
The reason for the delay;

(b)
The anticipated extent of the delay; and

(c)
A statement of the rights and remedies available to the purchaser if the delay
becomes unreasonably extended.

(4)
A manufactured structure dealer that fails to comply with this section is
subject to revocation or suspension of the dealer’s license or being placed on
probation by the Department of Consumer and Business Services pursuant to ORS
446.741. A dealer that fails to comply with subsection (1) of this section
within 90 days is subject to criminal penalties under ORS 446.746 (1)(h).

(5)
Notwithstanding subsections (1) and (4) of this section, if a purchaser is not
in compliance with the payment terms of a purchase agreement on the 20th
calendar day after the transfer, the dealer is not required to perform under
subsection (1) of this section until 25 calendar days after the purchaser is in
compliance with the payment terms of the purchase agreement. This subsection
does not excuse the duty of the dealer under subsection (3) of this section.

(6)
This section does not apply to a transfer of interest in a manufactured
structure that is subject to an escrow transaction.

(7)
This section does not apply to a manufactured structure for which an
application is filed under ORS 446.626 within 25 business days of the transfer.
[2003 c.655 §39; 2007 c.502 §5]

Note: See note under
446.661.

446.741
Suspension, revocation or cancellation of license; dealer probation; employment
disqualification.
(1) The Director of the Department of Consumer and Business Services may revoke
or suspend a manufactured structure dealer license, or place a dealer on
probation, if the dealer does any of the following:

(a)
Commits an act that is grounds for suspension, revocation or probation under
rules the director adopted.

(b)
Fails to comply with the requirements for notices or reports of the transfer of
interest in manufactured structures.

(c)
Moves a manufactured structure or causes a manufactured structure to be moved
without complying with the requirements for variance permits under ORS 818.200
and trip permits under ORS 446.631.

(e)
Deals in a manufactured structure that both before and after the sale is
assessed as real property under ORS 308.875 or is recorded in the deed records
of a county. This paragraph does not apply if an ownership document is issued
for the manufactured structure prior to sale.

(f)
Employs a person in an administrative or managerial capacity while the person
is disqualified under subsection (5) of this section.

(g)
Fails, in conducting activities of a mortgage loan originator, to comply with
the provisions of:

(A)
The Truth in Lending Act, 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R.
part 1026, as in effect on October 1, 2013;

(h)
Fails to certify to the director in a form and manner the director specifies by
rule that the dealer has independently verified that every individual the
dealer hired or intends to hire as a mortgage loan originator meets the
requirements set forth in ORS 86A.200 to 86A.239 and ORS 86A.186.

(i)
Employs a device, scheme or artifice to defraud or engage in an act, practice
or course of business that operates or would operate as a fraud or deceit.

(j)
Knowingly makes an untrue statement of a material fact or omits from a
statement a material fact that would make the statement not misleading in light
of the circumstances under which the dealer makes the statement.

(k)
Makes or files or causes to be made or filed with the director a statement,
report or document that the dealer knows is false in a material respect or
matter.

(2)
The director shall cancel a manufactured structure dealer license immediately
upon receipt of legal notice that a bond described under ORS 446.726 or under
ORS 86A.227 is canceled.

(3)
Upon suspension, revocation or cancellation of a manufactured structure dealer
license under this section, the director shall demand the return of the license.

(4)
The director shall cancel a dealer license or supplemental license immediately
upon receipt of notice that zoning approval for a place of business has been
revoked.

(5)
If the director finds that a violation of subsection (1)(d), (i), (j) or (k) of
this section has occurred, the director may issue an order under ORS chapter
183 disqualifying, for up to seven years after the date that the
disqualification becomes effective:

(a)
The dealer whose license is revoked from:

(A)
Obtaining a license as a manufactured structure dealer; or

(B)
Working in an administrative or managerial capacity for a manufactured
structure dealer.

(b)
Any other person whose acts or omissions were material to the events that were
the basis for the violation from working in an administrative or managerial
capacity for a manufactured structure dealer.

(6)
If a person who is subject to disqualification or who is disqualified under
subsection (5) of this section elects to pay restitution to a customer whom the
director finds suffered harm as a result of the violation of subsection (1)(d),
(i), (j) or (k) of this section, the director may choose not to issue an order
of disqualification to the person or may rescind a previously issued order of
disqualification.

(7)
A person who applies for licensing as a manufactured structure dealer following
a period of disqualification under subsection (5) of this section must meet the
requirements for issuance of an initial manufactured structure dealer license. [2003
c.655 §38; 2009 c.863 §32; 2013 c.161 §1]

Note: See note under
446.661.

446.746
Manufactured structure dealer criminal offenses; penalties. (1) A
manufactured structure dealer improperly operates a manufactured structure
dealership and is subject to the penalties under this section if the dealer
commits any of the following crimes:

(a)
A manufactured structure dealer commits the crime of failure to obtain a
supplemental license if the dealer has a manufactured structure dealer license
and opens any additional place of business using the same business name without
first obtaining a supplemental license under ORS 446.716.

(b)
A manufactured structure dealer commits the crime of failure to obtain a
corrected dealer license if the dealer moves a place of business or changes the
business name without first obtaining a corrected dealer license under ORS
446.716.

(c)
A manufactured structure dealer commits the crime of failure to maintain proper
manufactured structure dealer records if the dealer does not keep records or
books with all of the following information concerning a used manufactured
structure the dealer handles:

(A)
A record of the purchase, sale or exchange or of the dealer’s receipt for
purpose of sale.

(B)
A description of the manufactured structure.

(C)
The name and address of the seller, the purchaser and the alleged owner or
other person from whom the manufactured structure was purchased or received or
to whom it was sold or delivered.

(D)
A duly assigned ownership document or other document evidencing ownership or a
bill of sale from the registered owner of the manufactured structure from the
time of delivery to the dealer until the dealer disposes of the manufactured
structure.

(d)
A manufactured structure dealer commits the crime of failure to allow
administrative inspection if the dealer refuses to allow the Department of
Consumer and Business Services to inspect the dealer’s records and manufactured
structures in the possession of the dealer at any time during normal business
hours.

(e)
A manufactured structure dealer commits the crime of failure to allow police
inspection if the dealer refuses to allow a police officer to conduct an
inspection of the dealer’s records and manufactured structures in the
possession of the dealer at any time during normal business hours.

(f)
A manufactured structure dealer commits the crime of failure to exhibit the
manufactured structure dealer license if the dealer fails to exhibit the
license at the place of business of the dealer at all times while the license
is in force. This paragraph does not apply to dealer activity at a temporary
exhibition of manufactured structures.

(g)
A manufactured structure dealer commits the crime of failure to satisfy an
interest in a manufactured structure if, within 15 days after transfer of any
interest in a manufactured structure to the dealer by a person other than
another manufactured structure dealer, or within 15 days after receiving the
ownership document for a manufactured structure obtained from another manufactured
structure dealer, the dealer fails to satisfy:

(A)
The interest of any person from whom the dealer purchased or obtained the
manufactured structure;

(B)
The interest of any person from whom the person described in subparagraph (A)
of this paragraph leased the manufactured structure; and

(C)
All security interests in the manufactured structure entered into prior to the
time of transfer.

(h)
Except as provided in subsection (2) of this section, a manufactured structure
dealer commits the crime of failure to report an interest transfer for a
manufactured structure if, 90 calendar days after a transfer of interest that
is subject to ORS 446.736, the dealer has failed to submit:

(A)
An application to the Department of Consumer and Business Services for an
ownership document; or

(B)
Sufficient information to a lender to allow the lender to make an application
to the department for an ownership document.

(i)
A person commits the crime of acting as a manufactured structure dealer while
under suspension, revocation or cancellation if the person conducts business as
a manufactured structure dealer in this state and the person’s manufactured
structure dealer license is revoked, canceled or suspended, regardless of
whether the person is licensed as a manufactured structure dealer in another
jurisdiction.

(j)
A manufactured structure dealer commits the crime of failure to maintain bond
or letter of credit coverage if the dealer permits a bond or letter of credit
to lapse during the period that the bond or letter of credit is required under
ORS 446.691, 446.696 or 446.701 or if the dealer fails to purchase a bond or
letter of credit that complies with ORS 446.726.

(2)
A dealer is not considered to have committed the crime described in subsection
(1)(h) of this section if the dealer demonstrates that:

(a)
The dealer has made a good faith effort to comply; and

(b)
The dealer’s failure to make an application or provide information is due to
circumstances beyond the dealer’s control.

(3)
The crimes described in this section are subject to the following penalties:

(a)
The crime described in subsection (1)(a) of this section, failure to obtain a
supplemental license, is a Class A misdemeanor.

(b)
The crime described in subsection (1)(b) of this section, failure to obtain a
corrected dealer license, is a Class A misdemeanor.

(c)
The crime described in subsection (1)(c) of this section, failure to maintain
proper manufactured structure dealer records, is a Class A misdemeanor.

(d)
The crime described in subsection (1)(d) of this section, failure to allow
administrative inspection, is a Class A misdemeanor.

(e)
The crime described in subsection (1)(e) of this section, failure to allow
police inspection, is a Class A misdemeanor.

(f)
The crime described in subsection (1)(f) of this section, failure to exhibit
the manufactured structure dealer license, is a Class A misdemeanor.

(g)
The crime described in subsection (1)(g) of this section, failure to satisfy an
interest in a manufactured structure, is a Class A misdemeanor.

(h)
The crime described in subsection (1)(h) of this section, failure to report an
interest transfer for a manufactured structure, is a Class A misdemeanor.

(i)
The crime described in subsection (1)(i) of this section, acting as a
manufactured structure dealer while under suspension, revocation or
cancellation, is a Class A misdemeanor.

(j)
The crime described in subsection (1)(j) of this section, failure to maintain
bond or letter of credit coverage, is a Class A misdemeanor. [2003 c.655 §37]

Note: See note under
446.661.

446.748
Cease and desist orders; investigative authority of director. (1) If the
Director of the Department of Consumer and Business Services has reason to
believe that a person has engaged, is engaging or is about to engage in a
violation of ORS 446.661 to 446.756 or a rule adopted under ORS 446.661 to
446.756, the director may issue an order directed to the person to cease and
desist from the violation or threatened violation.

(2)
The director may require a manufactured structure dealer, or a person
associated with the manufactured structure dealer, to produce for the director’s
examination and use books, accounts, records, files, documents or other
information or evidence as the director deems necessary to carry out the
purposes of ORS 446.661 to 446.756.

(3)
The director may direct, subpoena, examine, compel the attendance of,
administer oaths and affirmations to, and request production of books,
accounts, records, files, documents or other information or evidence from
witnesses and persons that are subject to regulation under ORS 446.661 to
446.756.

(4)
The director may interview, take and preserve testimony concerning business
practices and operations from the manufactured structure dealer’s officers,
principals, mortgage loan originators if applicable, employees, agents and
customers or independent contractors associated with the manufactured structure
dealer. [2011 c.166 §4]

Note: See note under
446.661.

446.751
Engaging in illegal consignment practices; penalty. (1) A
manufactured structure dealer commits the crime of engaging in illegal
consignment practices if the dealer does any of the following:

(a)
Takes a manufactured structure on consignment from a person who is not a
licensed dealer and does not have proof that the consignor is the owner of, or
a security interest holder in, the structure.

(b)
Takes a manufactured structure on consignment from a security interest holder
without the security interest holder first completing a repossession action
prior to consigning the structure and providing the dealer with proper
documentary proof of the repossession action.

(c)
Takes a manufactured structure on consignment and does not have the terms of
the consignment agreement in writing and provide a copy of the agreement to the
consignor, unless the consignor is a security interest holder described in
paragraph (b) of this subsection. The agreement must include a provision
stating that, if the terms of the agreement are not met, the consignor may file
a complaint in writing with the Department of Consumer and Business Services,
Salem, Oregon.

(d)
Sells a manufactured structure that the dealer has on consignment and does not
pay the consignor within 10 days after the sale.

(e)
Refuses to allow the department or any duly authorized representative to
inspect and audit any records of any separate accounts into which the dealer
deposits any funds received or handled by the dealer in the course of business
as a dealer from consignment sales of manufactured structures at such times as
the department may direct.

(f)
Takes any money paid to the dealer in connection with any consignment
transaction as part or all of the dealer’s commission or fee until the
transaction has been completed or terminated.

(g)
Does not make an arrangement with the seller for the disposition of money from
a consignment transaction at the time of establishing a consignment agreement.

(h)
Sells a manufactured structure that the dealer has taken on consignment without
first giving the purchaser the following disclosure in writing:

_________(Name
of Dealer) is selling the following described manufactured structure: _____(Year)
_____(Make) _____(Model) _____(Identification Number) on consignment. Ownership
of this manufactured structure is in the name of: _________(Owner(s) as shown
on the ownership document) and the following are listed on the ownership
document as security interest holders:

YOU
SHOULD TAKE ACTION TO ENSURE THAT ANY SECURITY INTERESTS ARE RELEASED AND THAT
THE OWNERSHIP DOCUMENT FOR THE MANUFACTURED STRUCTURE IS TRANSFERRED TO YOU.
OTHERWISE, YOU MAY TAKE OWNERSHIP SUBJECT TO ANY UNSATISFIED SECURITY INTERESTS.

446.756
Violation of consigned manufactured structure transfer; penalty. (1) A person
commits the crime of violation of a consigned manufactured structure transfer
if the person consigns a manufactured structure to a manufactured structure
dealer and the person fails or refuses to deliver the ownership document for
the structure to the dealer or purchaser upon sale of the structure under
consignment.

(2)
Violation of a consigned manufactured structure transfer is a Class A
misdemeanor. [2003 c.655 §41]

Note: See note under
446.661.

PENALTIES

446.990
Penalties.
(1) Any individual, or any director, officer, or agent of a corporation who
knowingly and willfully violates ORS 446.003 to 446.200, 446.225 to 446.285 or
446.310 to 446.350 in a manner which threatens the health or safety of any purchaser
commits a Class A misdemeanor.

446.995
Civil penalties for violation of ORS 446.661 to 446.756 or related rules. (1) The
Department of Consumer and Business Services may impose a civil penalty as
provided in ORS 455.895 for each violation, against a licensed manufactured
structure dealer or against a person required by a rule adopted pursuant to ORS
446.666 to be licensed, if the dealer or person violates a provision of ORS
446.661 to 446.756 or a rule adopted by the department relating to the sale of
manufactured structures. If the dealer authorizes a person licensed pursuant to
ORS 446.666 to commit a violation, the dealer and person are both subject to
civil penalty. Notwithstanding subsection (2) of this section, if a dealer
expressly or by implication authorizes an act by a real estate agent described
in ORS 446.676 (14) that is a violation, the dealer is subject to the civil
penalty for the violation.

(2)
The department may impose a civil penalty, in an amount not to exceed $5,000
for each manufactured structure improperly sold, brokered or exchanged, or
offered or displayed for sale, against a person that:

(a)
Violates a provision of ORS 446.661 to 446.756 or a rule adopted by the
department relating to the sale of manufactured structures if the person does
not possess a license required by ORS 446.671 or by rule pursuant to ORS
446.666; or

(b)
Violates a rule adopted by the department relating to the sale of manufactured
structures if the person is exempt from licensing under ORS 446.676. [2003
c.655 §47c]

Note: 446.995 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 446 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.